Cities Index.
Agenda packet

Ontario City Council
December 16, 2025

Document
Agenda packet
Meeting
December 16, 2025
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Ontario City Council
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15
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70.0 MB
Text extracted from the city's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

D. Approval.

1. An application for a parcel map for an Urban Lot Split is approved or denied ministerially, by the City Engineer, without discretionary review.

2. A tentative parcel map for an Urban Lot Split shall be approved ministerially if it complies with all the requirements of this Section. The tentative parcel map may not be recorded.

A final parcel map shall be approved ministerially as well, but not until the owner demonstrates that all required documents have been recorded, such as the deed restriction and easements.

The tentative parcel map shall expire 3 months following approval.

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Ontario Development Code Page 6.08-33 (Rev. 12.01.2020)

3. The approval shall require the owner and applicant to hold the City of Ontario harmless from all claims and damages related to the approval and its subject matter.

4. The approval shall require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys ' fees and costs associated with enforcing the requirements of this Development Code.

E. Requirements. An Urban Lot Split shall satisfy each of the following requirements:

1. Subdivision Map Act Compliance.

a. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (GC Section 66410 et seq., " SMA"), including implementing requirements in this Development Code, except as otherwise expressly provided in this Section.

b. If an Urban Lot Split violates any part of the SMA, the City 's subdivision regulations, including this Section, or any other legal requirement:

(1) The buyer or grantee of a lot that is created by the Urban Lot Split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

(2) The City has all the remedies available to it under the SMA, including but not limited to the following:

(a) An action to enjoin any attempt to sell, lease, or finance the property.

(b) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(c) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both, or a misdemeanor.

(d) Record a notice of violation.

(e) Withhold any or all future permits and approvals.

c. Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an Urban Lot Split.

2. Zoning District. The lot to be split is in a single -family residential zoning district. For purposes of this Section, the term " single-family residential zoning district " shall mean the LDR -5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.

3. Lot Location. Pursuant to the GC Section 65913.4(a)(6)(B) through (K), the lot to be split shall not be located on a site that is any of the following:

a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

b. A wetland.
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c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

d. A hazardous waste site that has not been cleared for residential use.

e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

f. Within a 100-year flood hazard area, unless the site has either:

(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

(2) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.

h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

i. Habitat for protected species.

j. Land under conservation easement.

4. Not Historic. The lot to be split shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5. No Prior Urban Lot Split.

a. The lot to be split was not established through a prior Urban Lot Split.

b. The lot to be split is not adjacent to any lot that was established through a prior Urban Lot Split by the owner of the lot to be split or by any person acting in concert with the owner. For the purposes of this Section, the term "any person acting in concert with the owner " shall include any third -party that coordinates or assists the owners of two adjacent lots with their respective Urban Lot Splits.

6. No Impact on Protected Housing. The Urban Lot Split shall not require or include the demolition or alteration of any of the following types of housing:

a. Housing that is income -restricted for households of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

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Ontario Development Code Page 6.08-35 (Rev. 12.01.2020) c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060 –7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.

d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to 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 1716
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Ontario Development Code Page 6.08-37 (Rev. 12.01.2020)

(b) Allow for vehicular and fire -safety access to the front structure.

f. Parking. Each new primary dwelling unit shall have at least one off -street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:

(1) The lot is located within one-half mile walking distance of either:

(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or

(b) A site that contains:

(i) An existing rail or bus rapid transit station,

(ii) A ferry terminal served by either a bus or rail transit service, or

(iii) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

(2) The site is located within one -block of a permanently established car-share vehicle pickup/drop-off location.

g. Architecture.

(1) If there is a legal primary dwelling on the lot that was established before the Urban Lot Split, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.

(2) If there is no legal primary dwelling on the lot before the Urban Lot Split, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.

(3) All exterior lighting shall be limited to down-lights.

(4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

(5) If a dwelling is constructed on a lot after an Urban Lot Split and any portion of the dwelling is less than 30 FT from a property line that is not a public street right -of-way line, then all windows and doors in that portion shall either be (for windows) c lerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

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(Rev. 12.01.2020) Page 6.08-38 Ontario Development Code h. Walls, Fences, and Obstructions.

(1) Lots created as a result of an Urban Lot Split shall be provided with 6-FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:

(a) Interior side and rear lot lines of each lot; and

(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind the sidewalk.

(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Division 6.02 (Walls, Fences, and Obstructions) of this Chapter.

i. Landscaping. Lots created as a result of an Urban Lot Split shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Division 6.05 (Landscaping) of this Chapter.

j. Nonconforming Conditions . An Urban Lot Split may be approved without requiring a legal nonconforming zoning condition to be corrected.

k. Utilities.

(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider.

(2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

l. Building and Safety. An Urban Lot Split is a change of use. All structures built on a lot resulting from an Urban Lot Split shall comply with all current local building standards .

11. Fire-Hazard Mitigation Measures.

a. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:

(1) It shall have direct access to a public street right -of-way with a paved street with a width of at least 40 FT. The public street right -of-way shall have at least two independent points of access for fire and life safety to access and for residents to evac uate.

(2) All dwellings on the site shall comply with current Fire Code requirements for dwellings in a very high fire hazard severity zone.

(3) All enclosed structures on the site shall have fire sprinklers.

(4) All sides of all dwellings on the site shall be within a 150 -FT hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.

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Ontario Development Code Page 6.08-39 (Rev. 12.01.2020) (5) If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire -authority approved hookups compatible with fire-authority standard pump and hose equipment.

b. Prior to submitting an application for an Urban Lot Split, the applicant shall obtain a certificate of compliance with all applicable fire-hazard mitigation measures pursuant to this subpart E.11. The City or its authorized agent shall inspect the site, including all structures on the site, and certify as to its compliance. The certificate shall be included with the application.

The applicant shall pay the City 's costs for inspection. Failure to pay is grounds for denying the application.

12. Separate Conveyance.

a. On a lot created by an Urban Lot Split:

(1) Primary dwelling units cannot be owned or conveyed separately from each other.

(2) Condominium airspace divisions and common interest
developments are prohibited.

(3) All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners.

(4) Separate conveyance of lots created by an Urban Lot Split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner shall record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

13. Regulation of Uses.

a. Residential-Only. Nonresidential land uses shall be prohibited on any lot created by Urban Lot Split.

b. No Short Term Rentals. No dwelling unit on a lot that is created by an Urban Lot Split may be rented for a period of less than 30 days.

c. Owner Occupancy . The applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant 's principal residence for a minimum of 3 years after the Urban Lot Split is approved.

14. Notice of Construction.

a. At least 30 business days prior to the starting any construction of a structure on a lot created by an Urban Lot Split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:

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(Rev. 12.01.2020) Page 6.08-40 Ontario Development Code (1) Notice that construction has been authorized,

(2) The anticipated start and end dates for construction,

(3) The hours of construction,

(4) Contact information for the project manager (for construction - related complaints), and

(5) Contact information for the Building & Safety Department.

b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. The approval of an Urban Lot Split is ministerial and under state law, the City has no discretion in approving or denying a particular project under this Section. This notice 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 6.09-1 (Rev. 12.01.2020)
Division 6.09—Reserved

**********Reserved for Future Use**********

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Ontario Development Code Page 6.10-1 (Rev. 12.01.2020)
Division 6.10—Reserved

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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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Ontario Development Code Page 6.11-3 (Rev. 12.01.2020)

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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Ontario Development Code Page 6.11-5 (Rev. 12.01.2020)

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; 1733
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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 1735
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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 1736
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Ontario Development Code Page 7.01-5 (Rev. 11.05.202401.20.2026) Standards for the Treatment of Historic Properties and shall be approved by the City 's Historic Preservation Commission.

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 1738
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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. 1740
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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 1741
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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. 1742
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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 1743
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(Rev. 11.05.202401.20.2026) Page 7.01-12 Ontario Development Code certify to the Historic Preservation Commission that such condition exists, which shall not require the issuance of a Certificate of Appropriateness.

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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(Rev. 11.05.202401.20.2026) Page 7.01-14 Ontario Development Code C. The design guidelines referenced in this Section shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.

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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Ontario Development Code Page 7.01-15 (Rev. 11.05.202401.20.2026)

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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Division 7.01—Historic Preservation

(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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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. 1749
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(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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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 1752
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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 1757
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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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Division 8.01—General Sign Provisions
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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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
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations and Street Banner Programs)
of this Division.

8.01.020.G (Street Banners
and Street Banner Programs)
f. Large Public
Notification Signs
Refer to Division 2.03 (Public
Hearings), Paragraph

2.03.010.C.4 (Supplemental
Public Noticing Requirements
– Posting) for large public
notification sign regulations.

2. Permanent Signs
a. Address Signs One wall sign and rooftop
sign per building or divided
tenant space.

Street addresses shall be
posted pursuant to
Subsections 6.06.020.B
(Posting of Street Address
Numbers) and D (Posting of
Rooftop Address Numbers) of
this Development Code.
b. Directional Signs Pole, monument, or wall sign. 4 SF per sign face. Pole or monument signs shall not exceed 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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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations e. Wall Murals Murals shall be original, non -
commercial works of art;
uniquely designed for the
specific location it is
proposed. Ideally, murals
should depict the historic
character of the community
or reflect Ontario 's
environmental setting.

There is no maximum allowed
sign area; however, murals
must complement the scale
and architectural features of
the building on which they
are located.

No restriction. No restriction. [1] Murals are intended to enhance the quality of the
area in which it is located,
and the community as a
whole. They should not serve
to direct attention to a
specific business, product, or
service.
[2] Wall murals may be
approved by the Planning
Commission, upon
consideration of the
following:
 Compatibility of the
design with the
immediate environment
of the site;
 Appropriateness of the
design and size to the
function of the site;
 Compatibility of the
design and location
within a unified theme;
and
 Appropriateness of the
design as a public work of
art. The design may
portray, but not be limited
to, a cultural, historical, or
scenic subject.

B. RESIDENTIAL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)

1. Temporary Signs
a. Real Estate Signs
(signs identifying properties
and dwellings for resale)
One freestanding sign per
lot, which identifies a
property as "For Sale, " " For
Lease" or "For Rent."
8 SF per sign face.

4 SF per sign face.

5 FT

3 FT

[1] Only nonilluminated signs
shall be allowed.
[2] A sign identifying a
property for sale/lease/rent
shall be removed within 5
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations One on-site freestanding sign
per event, which identifies an
"Open House."
Four off -site freestanding
directional signs, which
identifies the location of an
"Open House" event.

4 SF per sign face.

3 FT
days following the close of
escrow.
[3] Open House" signs shall be
allowed as follows:
 Signs may be placed
between the hours of
8:00 AM and 8:00 PM, on
Friday, Saturday, Sunday,
and legal holidays;
 Off-site directional signs
shall be located no
farther than 0.5-mile from
the Open House
location;
 Signs shall not be placed
on the public sidewalk;
and
 No flags, balloons,
pennants, or other sign
riders or decorations shall
be used.
b. Subdivision Sales
Offices and Model Home
Gran Openings < 5 acres
One freestanding or wall sign
per subdivision.
32 SF per sign face. 12 FT [1] Only nonilluminated signs shall be allowed.
[2] Signs shall be removed
within 30 days following the
sale of the last unit in the
complex.
[3] No flags, balloons, or
pennants shall be used.
c. Subdivision Sales
Offices and Model Home
Grand Openings > 5 acres
One freestanding or wall
signs per street frontage of a
subdivision, not to exceed a
total of 3 signs.
32 FT per sign face. 12 FT

2. Permanent Signs
a. Single-Family Signs
 Subdivision Signs One monument sign or wall
sign per subdivision, located
at the subdivision entry or at
major intersecting boundary
streets.
12 SF per sign face. 4 FT (freestanding) [1] Only nonilluminated signs shall be allowed.
[2] The Planning Director may
implement measures to
ensure sign maintenance,
such as the establishment of
a homeowners association
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations and the recordation of
appropriate CC&Rs with the
San Bernardino County
Recorder's office, or other
suitable measures.
 Home
Occupation Signs
One wall sign per dwelling,
located at or near the
building entrance.

2.25 SF 1.5 FT 1.5 FT Home occupation signs shall
be mounted at eye level, no
higher than 6 FT above
finished floor of the dwelling,
measured at the top edge of
the sign.
b. Multiple-Family
Signs

 Complex Signs One monument sign or wall
sign per street frontage.
24 SF per sign face. 6 FT (freestanding) [1] Signs shall be nonilluminated.
[2] Wall signs shall comply
with Subsection 8.01.020.D
(Building Wall and Fascia
Signs) of this Division.
[3] Monument signs shall
comply with Paragraph

8.01.020.C.1 of this Division.
 Site Directory
Signs
One monument or wall site
directory sign per vehicle
entry.
12 SF per sign face. 6 FT (freestanding)
c. Institutional User
Signs (e.g., day care
facilities, religious assembly,
schools, etc.)
Wall Signs: One sign per street
frontage, not to exceed 2
signs per building.

Monument Signs: One sign
per street frontage.

Wall Signs: 24 SF per building
elevation.

Monument Signs: 24 SF per
sign face.

Wall Signs : 2 FT maximum
alphanumeric character
height.

Monument Signs: 6 FT
Wall Signs : Not to exceed
80% of the elevation width
upon which the sign is
located.

Wall Signs: Signs shall comply
with Subsection 8.01.020.D
(Building Wall and Fascia
Signs) of this Division.

Monument Signs: Signs shall
comply with Paragraph

8.01.020.C.1 of this Division.

C. COMMERCIAL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)

1. Temporary Signs
a. Real Estate Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT [1] Signs shall be
nonilluminated.
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations [2] Signs shall be removed
within 5 days following the
sale or lease of the last unit
has been completed.
b. Window Signs and
Displays
Window signs Limited to 25% of the window
area, excepting within the
area covered by the
Downtown Ontario Design
Guidelines ( see Reference
"C" of this Development
Code for applicable
standards).
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
the inside of doors and
windows.
[3] Signs placed on the
interior of a building, which
are located within 3 FT of a
storefront window and are
visible from the building
exterior, shall be deemed a
window sign.
c. On-Site
Promotional and Special
Event Signs and Banners

 < 8.000 SF of
tenant GFA
One wall-mounted banner
per tenant.
50 SF per sign face. 3 FT Not to exceed 50% of the
elevation width upon which
the sign is located.
[1] Business Grand Opening .

A new business may be
allowed temporary signage
identifying its grand opening,
one time, for a maximum of
30 days duration.
[2] Retail Sales and Business
Events. A Retail Sales or
Business Event pursuant to
Paragraph 5.03.395.G.1 of
this Development Code may
be allowed temporary
signage for maximum 3
periods of 30 days duration
per calendar year. Periods
may be used consecutively.
[3] Holiday Retail Sales .

Holiday Retail Sales
 > 8,000 SF of
tenant GFA
One wall-mounted banner
per tenant.
75 SF per sign face. 5 FT Not to exceed 50% of the
elevation width upon which
the sign is located.
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations established pursuant to
Paragraph 5.03.395.G.2 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration.
[4] Shows and Exhibits. Shows
and Exhibits established
pursuant to Paragraph

5.03.395.G.3 of this
Development Code may be
allowed temporary signage
for maximum 30 days
duration.
[5] Amusement and/or
Sporting Events. Amusement
and/or Sporting Events
established pursuant to
Paragraph 5.03.395.G.4 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[6] Tent Revivals. Tent Revivals
established pursuant to
Paragraph 5.03.395.G.5 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[7] Charitable and Fund
Raising Events . Charitable
and Fund Raising Events
established pursuant to
Paragraph 5.03.395.G.6 of
this Development Code may
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations be allowed temporary
signage during the specified
"holiday periods, " and the
specified "additional events"
for which a Temporary Use
Permit has been issued.

2. Permanent Signs
a. Wall Signs
 Retail: Businesses
Occupying > 100,000 SF
One primary wall sign per
building elevation, not to
exceed 3 signs , plus 2
descriptor signs.
200 SF per building elevation. Primary Signs : 6 FT for alphanumeric characters
and graphic logos/icons.

Descriptor Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.

Comply with Subsection

8.01.020.D (Building Wall and
Fascia Signs) of this Division.
 Retail: Businesses
Occupying 50,000 SF to
99,999 SF
One primary wall sign per
building elevation, not to
exceed 3 signs , plus 2
descriptor signs.
175 SF per building elevation. Primary Signs : 5 FT for alphanumeric characters
and graphic logos/icons.

Descriptor Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.

 Retail: Businesses
Occupying 20,000 SF to
49,999 SF
One primary wall sign per
building e levation, not to
exceed 3 signs, plus 2
descriptor signs.
150 SF per building elevation. Primary Signs : 4 FT for alphanumeric characters
and graphic logos/icons.

Descriptor Signs : 1.5 FT for
alphanumeric characters
and graphic logos/icons.

 Retail: Businesses
Occupying 8,000 SF to
19,999 SF
One primary wall sign per
building elevation, not to
exceed 3 signs, plus 2
descriptor signs.
100 SF per building elevation. Primary Signs : 3 FT for alphanumeric characters
and graphic logos/icons.

Descriptor Signs: 12 inches for
alphanumeric characters
and graphic logos/icons.

 Retail: Businesses
Occupying < 8,000 SF
One wall sign per building
elevation, not to exceed 3
signs.
50 SF per building elevation. Alphanumeric Characters: 2 FT.

Logos/Icons: 4 FT.

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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations  Office: Multiple-
Story Building Identification
One wall sign per building
elevation, not to exceed 2
signs.
100 SF per building elevation. 3 FT for alphanumeric
characters and graphic
logos/icons.
[1] Comply with Subsection

8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] Signage shall be limited to
identification of the building,
and not individual tenants.
 Office: Multiple
Story Building—Tenant
Identification
One wall sign per building
elevation, not to exceed 2
signs.
50 SF per building elevation. 2 FT for alphanumeric
characters and graphic
logos/icons.
[1] Comply with Subsection

8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] A maximum of 2 tenant
identification signs shall be
permitted regardless of the
number of tenants
contained within the
building.
 Office: Single
Story Building—Tenant
Identification
One wall sign per building
elevation, not to exceed 2
signs. Alternately, for multiple
tenant buildings, one
nameplate may be provided
for each tenant (2
nameplates may be
provided for end/corner-unit
tenants).

Wall Signs: 50 SF.

Nameplates: 15 SF.

Wall Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.

Nameplates: 1.5 FT for
nameplates and 12 -inches
for alphanumeric characters
and graphic logos/icons.
[1] Comply with Subsection

8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] Nameplates shall not be
illuminated.
b. Monument Signs
 Commercial
Center Identification Signs
One monument sign for
each 500 FT (lineal) of street
frontage, with a minimum
300 FT spacing between
signs.
50 SF per sign face. 7 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).

Comply with Paragraph

8.01.020.C.1 (Monument
Signs) of this Division.
 Building
Identification Signs (not a
part of a center or complex)
One monument sign per
street frontage.
36 SF per sign face. 6 FT
c. Directional Signs
(On-Site)
Freestanding directional
signs (on -site only) shall be
permitted as determined
appropriate by the Planning
Director.
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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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations d. Freeway Signs [1] One sign per parcel
having a minimum of 600 FT
of freeway frontage and is
developed as a single entity.
[2] Two signs per parcel
having a minimum of 1,800 FT
of freeway frontage, a
minimum of 10 acres in area,
and is developed as a single
entity.
[3] Three signs per parcel
having a minimum of 3,000 FT
of freeway frontage, a
minimum of 10 acres in area,
and is developed as a single
entity.
150 SF per sign face. 35 FT maximum; however,
the height may be increased
to 45 FT if the site is at least 10
FT lower than the freeway
finish surface.

No sign face shall exceed 25
FT in any direction.
[1] Comply with Paragraph

8.01.020.C.2 (Freeway Signs)
of this Division.
[2] No advertising display
shall contain flashing,
intermittent, or moving lights,
other than that part
necessary to give public
service information,
including, but not limited to,
the time, date, temperature,
weather, or similar
information, or an Electronic
Message Display that
complies with Paragraph

8.01.020.C.3 (Electronic
Message Displays) of this
Division.

D. MIXED-USE ZONING DISTRICTS (excepting those "specialty signs" uses listed in Subsection F (Standards for Specialty Signs) of this Table) All Signs Rely upon the sign standards for residential land uses established by Subsection B (Residential Zoning Districts) of this Table; and rely upon the sign standards for commercial land uses established by Subsection C (Commercial Zoning Districts) of this Table

E. INDUSTRIAL ZONING DISTRICTS (excepting those "specialty signs" uses listed in Subsection G (Standards for Specialty Signs) of this Table)

1. Temporary Signs
a. Real Estate Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT. [1] Signs shall be
nonilluminated.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit
has been completed.
b. Window Signs and
Displays
Window signs Limited to 25% of the window
area.
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations the inside of doors and
windows.
[3] Signs placed on the
interior of a building, which
are located within 3 FT of a
storefront window and are
visible from the building
exterior, shall be deemed a
window sign.
c. On-Site
Promotional and Special
Event Signs and Banners
One wall-mounted banner
per tenant.

One-half the area allowed
for permanent tenant
identification signage, not to
exceed 50 SF.

Not to exceed 50% of the
elevation width upon which
the sign is located.
[1] Business Grand Opening .

A new business may be
allowed temporary signage
identifying its grand opening,
one time, for a maximum of
30 days duration.
[2] Retail Sales and Business
Events. A Retail Sales or
Business Event pursuant to
Paragraph 5.03.395.G.1 of
this Development Code may
be allowed temporary
signage for maximum 3
periods of 30 days duration
per calendar year . Periods
may be used consecutively.
[3] Holiday Retail Sales .

Holiday Retail Sales
established pursuant to
Paragraph 5.03.395.G.2 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration.
[4] Shows and Exhibits. Shows
and Exhibits established
pursuant to Paragraph

5.03.395.G.3 of this
Development Code may be
allowed temporary signage
for maximum 30 days
duration.
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Division 8.01—Sign Regulations
(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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Division 8.01—Sign Regulations
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) 1777
Division 8.01—Sign Regulations
(Rev. 08.19.2025) Page 8.01-22 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

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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Division 8.01—Sign Regulations
(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.

1781
Division 8.01—Sign Regulations
(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:

1782
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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(Rev. 12.03.202401.20.2026) Page 8.01-28 Ontario Development Code

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; 1784
Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-29 (Rev. 12.03.202401.20.2026)

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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Division 8.01—Sign Regulations
(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.

1787
Division 8.01—Sign Regulations
(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.

1788
Division 8.01—Sign Regulations
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.

1789
Division 8.01—Sign Regulations
(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 1790
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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1793
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 1794
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 1795
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
1796
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 1797
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 1798
Reference G: Landscape Design and Construction Guidelines (Rev. 07.19.2022) Page G-6 Ontario Development Code
schedule of landscape and irrigation maintenance.
1799
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
1801
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.

1802
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.
1803
Department: Planning
Prepared By: Thomas Grahn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

A PUBLIC HEARING TO CONSIDER AN URGENCY ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO PDCA25-004, REGARDING

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council consider, waive further reading, and adopt an Urgency Ordinance approving File No. PDCA25-004, to amend Division 5.03 - Supplemental Land Use Regulations, Section 5.03.010 (Accessory Dwelling Units) of the City's Development Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), which will take effect on January 1, 2026.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

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

BACKGROUND & ANALYSIS:

The proposed Urgency Ordinance will amend Division 5.03 - Supplemental Land use Regulations, Section 5.03.010 of the City's Development Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Except as otherwise noted, these new laws take effect on January 1, 2026.

RECOMMENDED ACTIONS:

That the City Council:
1 .

Find that the adoption of the proposed Urgency Ordinance is statutorily exempt from review under the California Environmental Quality Act (CEQA) under Public Resources Code § 21080.17.
2 .

Waive full reading and adopt by title only an Urgency Ordinance entitled: “AN URGENCY

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA25-004, AMENDING DIVISION 5.03 - 1804
SUPPLEMENTAL LAND USE REGULATIONS, SECTION 5.03.010 OF THE CITY'S DEVELOPMENT

CODE RELATING TO ACCESSOR DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

TO COMPLY WITH RECENT CHANGES IN STATE LAW, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17.” BACKGROUND AND ANALYSIS:

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that impose new limits on local authority to regulate ADUs and JADUs. In late 2025, four new bills were enacted that further amend state ADU law as summarized below.

AB 462 – Coastal Development Permits; Disaster-Affected Areas Assembly Bill (AB) 462 modifies several permitting requirements associated with processing Coastal Development Permits for ADUs located in the Coastal Zone.

Beyond changes to CDP processing, AB
462 modifies the rules governing the issuance of a certificate of occupancy (CofO) for an ADU.

Historically, state law has prohibited a local agency from issuing a CofO for an ADU before one is issued for the primary dwelling (i.e., the primary dwelling must have a CofO before the ADU can receive one). AB 462 creates a narrow exception to this prohibition for detached ADUs when all of the following conditions are satisfied: (1) the Governor has declared a state of emergency for the county on or after February 1, 2025; (2) the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and (3) the ADU has been issued construction permits and passed all required inspections. (Gov. Code, § 66328(b).) If these conditions are satisfied, the detached ADU can receive a CofO before the primary dwelling. In all other scenarios, the primary dwelling still needs a CofO before one can be issued for an ADU.

AB
462 was enacted as an urgency measure that took effect immediately when signed by the Governor (on October 10, 2025).

The following 3 bills were enacted as non-urgency measures and take effect on January 1, 2026.

AB 1154 – JADU Owner-Occupancy; Short-Term Rental
When a JADU is developed, existing state law requires a property owner to reside in the JADU or remaining portion of the single-family dwelling. AB 1154 narrows this requirement to now only applies when a JADU shares sanitation facilities (bathroom) with the single-family dwelling. If the JADU has its own bathroom, then the property owner does not have to reside on the property at all. (See amended Gov. Code, § 66333(b).)
AB 1154 also expressly prohibits JADUs from being used as short-term rentals (i.e., rented for a term shorter than 30 days). (See amended Gov. Code, § 66333(g).) Most ADU ordinances already included this prohibition (as well as prohibiting ADUs from being used as short-term rentals). But now it’s required by state law.

SB 9; SB 543 – ADU Ordinance Submittal to HCD; Approval Under existing law, local agencies are required to submit a copy of their ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption.

This year’s Senate Bill (SB) 9 (Not to be confused with the SB 9 of 2021 (Stats. 2021, Ch. 162) regarding urban lot splits and second primary dwelling units) and SB 543 create a penalty for 1805
failing to do so by rendering null and void any local ordinance that is not submitted to HCD within 60 days of adoption. (See amended Gov. Code, § 66326(d); new Gov. Code, § 66333.5(d).) The bills further specify that a local ADU ordinance is null and void if HCD issues findings that the ordinance does not comply with state law and the local agency fails to respond to HCD within 30 days. ( Id
.)
SB 543 – ADU Size; Number of ADUs; Impact Fees; Permitting Timeline SB 543 makes numerous changes and clarifications to state ADU law, the most notable of which are summarized below.

ADU & JADU Size
Existing law limits the maximum size of a JADU to 500 square feet and prohibits local ADU ordinances from imposing certain development standards that would prevent an ADU created under Government Code section 66314 through 66322 from being at least 800 square feet.

SB 543
amends state ADU law to specify that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.” (See amended Gov. Code, § 66313(d), 66321(b)(2).) Impact Fees
Existing law exempts ADUS that are 750 square feet or smaller from development impacts fees (DIFs).

SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space.

The bill
also exempts an ADU or JADU with fewer than 500 square feet of interior livable space from school impact fees. (See amended Gov. Code, § 66311.5.)
Quantity of ADUs Created Under Government Code Section 66323 Existing state law creates 4 categories of ADUs that must be approved if they comply with the limited standards provided in Government Code section 66323(a)(1)–(4). These are:

A converted ADU and JADU created on a lot with a proposed or existing single-family dwelling (Gov. Code, § 66323(a)(1));
A detached ADU created on a lot with a proposed or existing single-family dwelling (Gov.

Code, § 66323(a)(2));
Converted ADUs created in an existing multiple-family dwelling (Gov. Code, § 66323(a)(3)); and Detached ADUs created on a lot with a proposed or existing multiple-family dwelling.

For some time, there has been uncertainty as to whether ADUs created under Government Code section 66323 could be combined. Some practitioners interpreted the statute to not require local agencies to allow combinations. Initially, HCD took the same position, in its 2020 ADU Handbook.

But for the last few years, HCD has taken the opposite position: that yes, combinations are permitted. (See HCD January 2025 ADU Handbook, at p. 19 [“[P]ursuant to Government Code section 66323, subdivision (a), local governments must allow units created pursuant to subparagraphs (1) and (2) together or (3) and (4) together”].) SB 543 codifies HCD’s most recent
interpretation by amending Government Code section 66323 to specifically allow combinations.

Thus, a lot with a multiple-family dwelling can now have a converted ADU or ADUs created under 1806
section 66323(a)(3) and detached ADUs created under section 66323(a)(4). And a lot with a single- family dwelling can now have a converted ADU and a JADU created under section 66323(a)(1) and a detached ADU created under section 66323(a)(2).

ADU Permitting Process
Existing law has long required local agencies to approve or deny an ADU application within 60 days of receiving a complete application. However, state law was silent with respect to incompleteness determinations, subsequent resubmittals, and appealing local decisions on ADU applications.

SB
543 requires local agencies to now:

Determine whether an ADU application is complete within 15 business days of submittal; If the application is incomplete, within the same 15 days provide the applicant with a list of incomplete items and how to address them;
Review a resubmitted application for completeness within 15 business days; Provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission or City Council, or both); and Provide a final written determination on the appeal within 60 business days of receiving the appeal). (See amended Gov. Code, §§ 66317 [ADUs], 66335 [JADUs].) NEXT STEPS & RECOMMENDATION:

AB 462 took effect immediately when signed, but technically it doesn’t require any change to a local ordinance; the City just needs to follow the new rules for CDP processing and issuance of a CofO, if applicable. But the remaining bills take effect on January 1, 2026, and for the City’s ADU ordinance to remain valid and enforceable, it must comply with requirements of these bills by January 1, 2026, or the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City will have to allow ADUs with no regulation except for the few requirements imposed in the state ADU law itself. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety.

Therefore, the proposed Ordinance is an urgency measure, which means it will take immediate effect upon adoption. Typically, an Ordinance affecting planning and zoning is approved by the Council after a Planning Commission recommendation, a first reading and introduction before the Council and then a second reading at a regular Council meeting — with the ordinance taking effect 30 days following adoption. But here it is necessary for the City Council to adopt this Ordinance as an urgency measure because the new ADU laws will take effect on January 1, 2026, before a non- urgency adoption would take effect. The Urgency Ordinance will be followed at the earliest possible time by a non-urgency ordinance subject to all normal procedures.

For the above reasons, staffs recommends that the City Council adopt the proposed Urgency Ordinance (Attachment 1), which will ensure that the City’s ADU Ordinance remains valid on January 1, 2026.

ENVIRONMENTAL REVIEW:
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Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, the adoption of the proposed Urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law. 1808
ORDINANCE NO. ________

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ONTARIO, CALIFORNIA, APPROVING A DEVELOPMENT CODE
AMENDMENT, FILE NO. PDCA2 5-004, AMENDING DIVISION 5.03 – SUPPLEMENTAL LAND US E REGULATIONS, SECTI ON 5.03.010 OF

THE CITY 'S DEVELOPMENT CODE R ELATING TO ACCESSORY

DWELLING UNITS AND J UNIOR ACCESSORY DWEL LING UNITS TO

COMPLY WITH THE RECENT CHANGES IN STATE LAW, AND FINDING

THE ACTION TO BE STATUTO RILY EXEMPT F ROM CEQA UNDER
PUBLIC RESOURCES CODE SECTION 21080.17.

WHEREAS, the City of Ontario, California (City) is a municipal corporation, duly organized under the constitution and laws of the State of California; and

WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs); and

WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and

WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and

WHEREAS, new updates to state ADU law take effect January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and

WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and

WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of bills updating state ADU law because if the City’s ordinance does not comply with this legislation by January 1, 2026 — and the City’s ADU ordinance becomes null and void in its entirety — the City would be required to approve ADUs and JADUs in accordance with the few default stan dards that are imposed by Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state ADU law; and

WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing h eight, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

These threats to public safety, health, and welfare j ustify adoption of this Ordinance as 1809
an urgency ordinance, to be effective immediately upon adoption by a four -fifths vote of the City Council; and

WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

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

SECTION 1. The recitals above are each incorporated b y reference and adopted as findings by the City Council.

SECTION 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing th e provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law.

Therefore, adoption of the urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

SECTION 3. This ordinance is, as a matter of law, consistent with the City's General Plan under the principles, goals and policies contained within the Vision, Governance, Policy Plan (general plan) as a matter of law under Government Code section 66314(c) , and City Council Priorities components of The Ontario Plan (TOP).

More specifically, the goals and policies of TOP that are furthered by the proposed Project are as follows:

(1) City Council Goals.

 Invest in the Growth and Evolution of the City's Economy  Operate in a Businesslike Manner

(2) Vision.

Distinctive Development:

 Commercial and Residential Development

 Development quality that is broadly recognized as distinctive and not exclusively tied to the general suburban character typical of much of Southern California.

(3) Policy Plan (General Plan)

Housing Element:

 Goal H-2 Housing Supply & Diversity. Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario. 1810

 H-2.5 Housing Design . We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices, and other best practices.

 H-2.6 Infill Development. We support the revitalization of neighborhoods through the construction of higher -density residential developments on underutilized residential and commercial sites.

Community Economics Element:

 Goal CE-1 Complete Community: A complete commu nity that provides for all incomes and stages of life.

 CE-1.6 Diversity of Housing . We collaborate with residents, housing providers, and the development community to provide housing opportunities for every stage of life; we plan for a variety of housing types and price points to encourage the development of housing supportive of our efforts to attract business in growing sectors of the community while being respectful of existing viable uses.

Community Design Element:

 Goal CD-1 Image & Identity: A dynamic, progressive city containing distinct and complete places that foster a positive sense of identity and belonging among residents, visitors, and businesses.

 CD-1.1 City Identity. We take actions that are consistent with the City being a leading urban center in Southern California while recognizing, enhancing, and preserving the character of our existing viable neighborhoods.

 CD-2.1 Quality Building Design and Architecture . We encourage all development projects to convey visual interest and character through:

 Building volume, massing, and height to provide context -appropriate scale and proportion;
 A true architectural style which is carried out in plan, section, and elevation through all aspects of the building and site design and appropriate for its setting; and
 Exterior building materials that are articulated, high quality, durable, and appropriate for the architectural style.

SECTION 4. Section 5.03.010 of Division 5.03 of C hapter 5 of the Ontario Development Code is hereby amended and restated to read in its entirety a nd provided in Exhibit "A," attached hereto and incorporated herein by reference.

SECTION 5. This Ordinance takes effect immediately upon its adoption.

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SECTION 6. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

SECTION 7, The City Clerk certifies that this Ordinance was adopted by the City Council at a regular meeting on December 16, 2025.

SECTION 8. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 303 East B Street, Ontario California, 91768.

SECTION 9. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 10. 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 twice, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 16th day of December, 2025.

_____________________________________
PAUL S. LEON, MAYOR
ATTEST:

________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Urgency Ordinance No. ____ was duly introduced and adopted at the regular meeting of the City Council of the City of Ontario held on the 16 th day of December, 2025, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

I hereby certify that the foregoing is the original of Urgency Ordinance No. ____duly passed and adopted by the Ontario City Council at their regular meeting held December 16, 2025 and the summaries of the Ordinance were published on _______, and _______, in the Inland Valley Daily Bulletin newspaper.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

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Exhibit "A"

Amended ADU Regulations

(Document to follow this page)
1814
City of Ontario Development Code
Division 5.03 – Supplemental Land Use Regulations

5.03.010: Accessory Dwelling Units

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

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

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

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

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

4. Required to correct a nonconforming zoning condition, as defined in Subsection C.8, below. This does not prevent the City from en forcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

C. Definitions. As used in this Section, terms are defined as follows:

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

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

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

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

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

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

a. A cooking facility with appliances.

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

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

a. Is no more than 500 SF of interior livable space in size; 1815

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

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

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

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

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

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

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

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

9. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

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

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

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

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

1. Ministerial ADU and Building Permits Required . If an ADU or JADU complies with each of the general requirements in Subsection E below, it is allowed with only a building permit.

2. Process and Timing.

a. Completeness.

(1) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.

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(2) Incomplete Items . If the city’s determination under Subsection D.2.a.(1) above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.

(3) Cure. After receiving a notice that the applicati on is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.

(4) Subsequent Submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.

(5) Deemed complete. If the city does not make a timely determination as required by this Subsection D.2.a, the application or resubmitted application is deemed complete for the purposes of Subsection D.2.c, below.

(6) Appeal of incompleteness. An a pplicant may appeal the City’s determination that the application is incomplete by submitting a written appeal to the City Clerk.

The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a fina l written determination to the applicant within 60 business days after receipt of the appeal.

b. No discretion or hearing . Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

c. Deadline to approve or d eny ministerial approvals. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a complete application. If the City has not approved or denied the complete application within 60 days, the application is deemed approved unless either:

(1) The applicant requests a delay, in which case the 60 -day time period is tolled for the period of the requested delay; or

(2) When an application to create an ADU or JADU is submitted with a permit application to create a new single -family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single -family or multifamily dwelling, but the applicati on to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

d. Denial. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Subsection D.2.c, above.

e. Appeal of denial . An applicant may appeal the City’s denial of the application by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

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f. Concurrent review of demolition . A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

3. Classes.

a. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in Subsection E below, it is allowed in each o f the scenarios provided in this Subsection D.3.a. An ADU and JADU approved under Subsection D.3.a.(1) may be combined with an ADU approved under Subsection D.3.a.(2), and ADUs approved under Subsection D.3.a.(3) may be combined with ADUs approved under Subsection D.3.a.(4).

(1) Converted on Lot with Single -Family: One ADU as described in this Subsection D.3.a.(1) and one JADU on a lot with a proposed or existing single -family dwelling on it, where the ADU or JADU:

(a) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single -family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.

(b) Has exterior access that is independent of that for the single- family dwelling.

(c) Has side a nd rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

(d) The JADU complies with the requirements of Government Code Sections 66333 through 66339.

(2) Limited Detached on Lot with Single -Family: One detached, new - construction ADU on a lot with a proposed or existing single -family dwelling, if the detached ADU satisfies each of the following limitations:

(a) The side- and rear-yard setbacks are at least 4 FT.

(b) The total floor area is 800 square feet of livable space or smaller.

(c) The peak height above grade does not exceed the
applicable height limit in Subsection E.2 below.

(3) Converted on Lot with Multiple -Family: One or more ADUs within portions of existing multiple-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this Subsection

3.a.(3), at least one converted ADU is allowed within an existing multiple -family dwelling, up to a quantity equal to 25 percent of the existing multiple-family dwelling units.

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(4) Limited Detached on Lot with Multiple -Family: No more than 2 detached ADUs on a lot with a proposed multiple -family dwelling, or up to 8 detached ADUs on a lot with an existing multiple-family dwelling, if each detached ADU satisfies all of the following:

(a) The side- and rear -yard setbacks are at least 4 FT. If the existing multifamily dwelling has a rear or side yard setback of less than 4 FT, the city will not require any modification to the multiple-family dwelling as a condition of approving the ADU.

(b) The peak height above grade does not exceed the
applicable height limit provided in Subsection E.2, below.

(c) If the lot has an existing multiple-family dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

b. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code Sections 66314–66322. Except for Class 1 ADUs approved under Subsection D.3.a above, all ADUs are subject to the standards set forth in Subsections E and F, below.

E. General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

1. Zoning.

a. A Class 1 ADU approved under Subsection D.3.a, above, may be created on a lot in a residential or mixed-use zoning district.

b. A Class 2 ADU approved under Subsection D.3.b, above, may be created on a lot that is zoned to allow single -family dwelling residential use or multiple -family dwelling residential use.

c. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.

a. Except as otherwise provided by Subsections E.2.b and E.2.c, below, a detached ADU created on a lot with an existing or proposed single -family or multiple -family dwelling unit may not exceed 16 FT in height.

b. A detached ADU may be up to 18 FT in height if it is created on a lot with an existing or proposed single-family or multiple-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to 2 additional feet in height (for a maximum of 20 FT) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c. A detached ADU created on a lot with an existing or proposed multiple - family dwelling that has more than one story above grade may not exceed 18 FT in height .

d. An ADU that is attached to the primary dwelling may not exceed 25 FT in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, 1819
whichever is lower. Notwithstanding the foregoing, ADUs subject to this Subsection E.2.d may not exceed 2 stories.

e. For purposes of this Subsection E.2, height is measured from existing le gal grade or the level of the lowest floor, whichever is lower, to the peak of the structure .

3. Fire Sprinklers.

a. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

b. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance . An ADU or JADU may be rented, but, except as provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single -family lot) or from the lot and all of the dwellings (in the case of a multiple-family lot).

6. Septic System. If the ADU or JADU will connect to an onsite wastewater -treatment system, the owner must include with the application a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.

a. ADU. ADU’s are not subject to an owner-occupancy requirement.

b. JADUs.

(1) Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.

(2) Exception. The owner -occupancy requirement in this Subsection E.7.b does not apply in either of the following situations:

(a) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).

(b) The property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Planning Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

1820
a. The JADU may not be sold separately from the primary dwelling.

b. The JADU is restricted to the approved size and to other attributes allowed by this section.

c. The deed restriction runs with the land and may be enforced against future property owners.

d. The deed restriction may be remov ed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Planning Director, providing evidence that the JADU has in fact been eliminated . The Planning Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Planning Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

e. The deed restriction is enforceable by the Plan ning Director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at la w or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Building and Safety.

a. Must Comply with Building Code. Subject to Subsection E.10. b, below, all ADUs and JADUs must comply with all local building code requirements.

b. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Community Improvement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this Subsection E.9.b prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this Section.

10. Certificate of Occupancy Timing.

a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

b. Limited Exception for State -declared Emergencies. Notwithstanding Subsection E.10.a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:

(1) The County is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.

1821
(2) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation.

(3) The ADU has been issued construction permits and has passed all required inspections.

(4) The ADU is not attached to the primary dwelling.

F. Specific ADU Requirements. The following requirements apply only to Class 2 ADUs that are approved under Subsection D.2, above. This Subsection F does not apply to Class 1 ADUs or JADUs approved under Subsection D.1, above.

1. Maximum Size.

a. The maximum size of a detached or attached ADU subject to this Subsection F is 850 SF of interior livable space for a studio or one -bedroom unit and 1,000 SF of interior livable space for a unit with 2 or more bedrooms.

b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

c. Application of other development standards in this Subsection F, such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in Subsection F.1.b, above, or front setback, lot coverage limit, or open -space requirement may require the ADU to have less than 800 SF of interior livable space.

2. Setbacks.

a. ADUs that are subject to this Subsection F must conform to 4 -FT side and rear setbacks. ADUs that are subject to this Subsection F must maintain a minimum front yard setback of 30 FT from arterial street rights -of-way and 20 feet from a ll collector and local street rights-of-way, subject to Subsection F.1.c, above.

b. No setback is required for an ADU that is subject to this Subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

3. Lot Coverage . No ADU subject to this Subsection F may cause the total lot coverage of the lot to exceed the maximum lot coverages shown in the Tables below, subject to Subsection F.1.c, above.

Traditional Single-Family Residential Development Standards Requirements
Residential Zoning Districts
AR-2 RE-2 RE-4 LDR-5
MDR-11, MDR-
18, MDR-25 &
HDR-45
Maximum Lot Coverage 30% 40% 50% 60%

1822
Small Lot Traditional and Alley-Loaded Single-Family Residential Development Standards Requirements Residential Zoning Districts
LDR-5 MDR-11 MDR-18, MDR-25 &
HDR-45
Maximum Lot Coverage 55% 60% 70%

Multiple-Family Residential Development Standards
Requirements Residential Zoning Districts
MDR-11 MDR-18 MDR-25 HDR- 45
Maximum Project Coverage 60% 100%

4. Minimum Open Space. No ADU subject to this Subsection F may cause the total percentage of open space of the lot to fall below the minimum requirements specified below, subject to Subsection F.1.c, above.

a. Small Lot Traditional and Alley -Loaded Development Projects , and Cluster Single-Family Development Projects. Small lot traditional, small lot alley-loaded, and cluster single- family development projects that consist of more than 3 dwellings, shall devote a minimum of 20 percent of the project site to open space.

b. Multiple-Family and Mixed -Use Development Projects. Multiple-family development projects and the multiple -family residential portion of mixed -use development projects that consist of more than 3 dwellings, shall provide open space as follows:

Minimum Open Space Requirements for Multiple-Family and Mixed-Use Development Projects Open Space Type Zoning Districts
MDR-11 & MDR-18 MDR-25 HDR-45
Private Open Space 200 SF (40%) 150 SF (37.5%) 60 SF (20%) Common Open Space 300 SF (60%) 250 SF (62.5%) 250 SF (80%) Total Open Space 500 SF (100%) 400 SF (100%) 310 SF (100%)

5. Passageway. No passageway, as defined by Subsection C.9, above, is required for an ADU.

6. Off-Street Parking.

a. Generally. One off -street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by Subsection C.12, above.

b. Exceptions. No parking under Subsection F.6.a, above, is r equired in the following situations:

(1) The ADU is located within one -half mile walking distance of public transit, as defined in Subsection C.11, above.

1823
(2) The ADU is located within an architecturally and historically significant historic district.

(3) The ADU is part of the proposed or existing primary residence, or an accessory structure.

(4) When on-street parking permits are required but not offered to the occupant of the ADU.

(5) When there is an established car share vehicle stop located within one block of the ADU.

(6) When the permit application to create an ADU is submitted with an application to create a new single -family or multiple -family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Subsections F.6.b(1) throu gh F.6.b(5), above.

c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

7. Architectural Requirements.

a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

b. The roof slope must match that of the dominant roof slo pe of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

c. The exterior lighting must be limited to down -lights or as otherwise required by the City's Building or Fire Code.

d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

e. The interior horizontal dimensions of an ADU must be at least 10 FT wide in every direction, with a minimum interior wall height of 7 FT.

f. No window or door of the ADU may have a dire ct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line-of-sight.

g. All windows and doors in an ADU less than 30 FT from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

8. Landscape Requirements. A Landscape Plan shall be submitted to the City, which provides for evergreen landscape screening, to include trees, shrubs, and groundcovers that shall be planted, permanently irrigated, and fully maintained, and which is located between an ADU and adjacent parcels, and where an ADU impacts a front yard and/or is subject to public views 1824
from a public or private street. Evergreen landscape screening must be planted and maintained between an ADU and adjacent parcels as follows:

a. At least one 15 -gallon size screening shrubs shall be installed at every 5 linear feet of exterior ADU wall. Alternatively, a 6 -FT high decorative masonry block wall may be constructed.

b. ADUs created by garage conversion, which results in the removal of the garage door, shall provide a minimum 3 -FT wide foundation landscape planter for the full length of the wall wherein the garage door was removed, which shall be fully landscaped and irrigated, and permanently maintained.

c. All landscaping must be drought tolerant and California friendly.

d. Landscape and irrigation plans shall be prepared and submitted to the City for review and approval.

9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of H istoric Resources must be located so as to not be visible from any public right-of-way.

10. Allowed Stories. No ADU subject to this Subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories all owed under subparagraph E.2.d of this Section.

G. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under Subsections D.3.a or D.3.b, above.

1. Impact Fees.

a. No impact fee is required for a JADU or for an ADU that has less than 750 SF of interior livable space. For the purposes of this Subsection G.1, the term "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66 477). "Impact fee" as used here does not include any connection fee or capacity charge for water or sewer service.

b. A JADU or ADU with less than 500 SF of interior livable space does not increase assessable space by 500 SF for purposes of Education Code Section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code Section 17620.

c. Any impact fee that is required for an ADU that has 750 SF or more of interior livable space must be charged proportionately in relation to the square fo otage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

2. Utility Fees.

a. If an ADU or JADU is constructed with a new single -family hom e, or if a detached new-construction ADU is being constructed on a lot with an existing single-family home, a separate utility connection directly between the ADU or JADU and the utility may be required.

A connection fee and capacity charge may be required.

1825
b. Except as described in Subsection G.2.a, JADUs and converted ADUs on a single-family lot that are created under Subsections D.3.a(1) above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. No r is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.

c. Except as described in Subsection G.2.a, all ADUs that are not covered by Subsection G.2.b require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

(1) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage -fixture units (DFU) va lues, as defined by the Uniform Plumbing Code, upon the water or sewer system.

(2) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2020.

a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

(1) The ADU or JADU violates applicable building standards; or

(2) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 5.03.010).

b. Exceptions.

(1) Notwithstanding Subsection H.2.a, above the City may deny a permit to legalize an existing but unpermitted ADU or JADU that w as constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

(2) Subsection H.2.a, above does not apply to a building t hat is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to t he objective design or 1826
development standards set forth in Subsections A through H of this Section may be allowed by the City, subject to a Conditional Use Permit issued in accordance with the other provisions of this Development Code.

J.
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Ontario Development Code Page 5.03-3 (Rev. 08.19.202512.16.2025)

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

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

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

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

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

B. Ef
fect of Conforming. An ADU or JADU that conforms to the standards in this Section w ill n
ot be:

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

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

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

4. R
equired to correct a nonconforming zoning condition, as defined in Subsection C.78, below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

C. Definitions. As used in this Section, t he words or phrases listed below shall have the meanings thereafter specifiedterms are defined as follows:
1828
Division 5.03—Supplemental Land Use Regulations
(Rev. 08.19.202512.16.2025) Page 5.03-4 Ontario Development Code

1. Accessory Dwelling Unit (ADU). An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. A
n efficiency unit, as defined by HSC Section 17958.1; and b. A
manufactured home, as defined by HSC Section 18007.

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

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

4. E
fficiency Kitchen. A kitchen that includes each of the following:
a. A
cooking facility with appliances.
b. A
food preparation counter and storage cabinets that are of a reasonable size in relation to the JADU.

5. J
unior Accessory Dwelling Unit (JADU). A residential unit that:
a. I
s no more than 500 SF of interior livable space in size; b. Is
contained entirely within an existing or proposed single -family structure.

A
n enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;
c. I
ncludes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
d. I
f the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single -family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling ; and
e. I
t includes an efficiency kitchen, as defined in Subsection C.4, above.

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

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

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

9. P
assageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
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Ontario Development Code Page 5.03-5 (Rev. 08.19.202512.16.2025)

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

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

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

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

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

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

(1) Is either : within the space of a proposed single -family dwelling; within the existing space of an existing single -family dwelling ; or (in the case of and ADU only) within the existing space of an accessory structure, plus up to 150 additional SF if the expansion is limited to accommodating ingress and egress; and

(2) Has exterior access that is independent of that for the single -family dwelling; and

(3) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and

(4) The JADU complies with the requirements of Government Code Sections 66333 through 66339.

b. Limited Detached on Single -Family Lot. One detached, new -construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Subsection D.1.a, above), if the detached ADU satisfies each of the following limitations:

(1) The side- and rear-yard setbacks are at least 4 FT; and

(2) The total floor area is 800 SF or smaller; and

(3) The peak height above grade does not exceed the applicable height limit provided in Subsection E.2, below.

c. Converted on Multiple -Family Lot. One or more ADUs within portions of existing multiple-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this Subsection D.1.c, 1830
Division 5.03—Supplemental Land Use Regulations
(Rev. 08.19.202512.16.2025) Page 5.03-6 Ontario Development Code at least one converted ADU is allowed within an existing multiple-family dwelling, up to a quantity equal to 25 percent of the existing multiple-family dwelling units. d. Limited Detached on Multiple -Family Lot. No more than two detached ADUs on a lot with a proposed multiple-family dwelling, or up to 8 detached ADUs on a lot with and existing multiple-family dwelling, if each detached ADU satisfies all of the following:
(1) The side - and rear -yard setbacks are at least 4 FT. If the existing multiple-family dwelling has a rear or side yard setback of less than 4 FT, the City shall not require any modification to the multiple-family dwelling as a condition of approving the ADU; and (2) The peak height above grade does not exceed the applicable height limit provided in Subsection E.2, below.
(3) If the lot has an existing multiple -family dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. P
rocess and Timing.
a. Com
pleteness.The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(
1) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.The applicant requests a delay, in which case the 60 -day time period is tolled for the period of the requested delay, or
(
2) Incomplete Items. If the city’s determination under Subsection D.2.a.(1) above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete When an application to create an ADU or JADU is submitted with a permit application to create a new single -family or multiple- family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multiple-family dwelling, but the application to create the ADU or JADU will still be considered ministerially, without discretionary review or a hearing.
(
3) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete. (
4) Subsequent Submittals. If the applicant submits additiona l information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
(
5) Deemed complete. If the city does not make a timely determination as required by this S ubsection D.2.a, the application or resubmitted application is deemed complete for the purposes of Subsection D.2.c, below.
1831
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-7 (Rev. 08.19.202512.16.2025) (6) Appeal of incompleteness . An applicant may appeal the C ity’s determination that the application is incomplete by submitting a written appeal to the City Clerk.

The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
b. N
o discretion or hearing . Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing. c. D
eadline to approve or deny ministerial approvals . The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the C ity receives a complete application. If the C ity has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
(
1) The applicant requests a delay, in which case the 60 -day time period is tolled for the period of the requested delay; or (
2) When an application to create an ADU or JADU is submitted with a permit application to create a new single -family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the C ity acts on the permit application to create the new single -family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing . d. D
enial. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Subsection D.2.c, above. e. A
ppeal of denial. An applicant may appeal the City’s denial of the application by submitting a written appeal to the C ity Clerk. The Planning Commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal. f. C
oncurrent review of demolition . A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

3. C
lasses.
a. C
lass 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in S ubsection E below, it is allowed in each of the scenarios provided in this Subsection D.3.a. An ADU and JADU approved under Subsection D.3.a.(1) may be combined with an ADU approved under Subsection D.3.a.(2), and ADUs approved under S ubsection D.3.a.(3) may be combined with ADUs approved under Subsection D.3.a.(4). (
1) Converted on Lo t with Single-Family: One ADU as described in this Subsection D.3.a.(1) and one JADU on a lot with a proposed or existing single -family dwelling on it, where the ADU or JADU:
1832
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(Rev. 08.19.202512.16.2025) Page 5.03-8 Ontario Development Code (a) Is either : within the space of a proposed single -family dwelling; within the existing space of an existing single -family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. (
b) Has exterior access that is independent of that for the single- family dwelling.
(
c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(
d) The JADU complies with the requirements of Government Code Sections 66333 through 66339.
(
2) Limited Detached on Lot with Single -Family: One detached, new - construction ADU on a lot with a proposed or existing single -family dwelling, if the detached ADU satisfies each of the following limitations:
(
a) The side- and rear-yard setbacks are at least 4 FT.
(
b) The total floor area is 800 square feet of livable space or smaller.
(
c) The peak height above grade does not exceed th e
applicable height limit in Subsection E.2 below.
(
3) Converted on Lot with Multiple -Family: One or more ADUs within portions of existing multiple-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this Subsection

3.a.(3), at least one converted ADU is allowed within an existing multiple -family dwelling, up to a quantity equal to 25 percent of the existing multiple-family dwelling units. (
4) Limited Detached on Lot with Multiple -Family: No more than 2 detached ADUs on a lot with a proposed multiple -family dwelling, or up to 8 detached ADUs on a lot with an existing multiple-family dwelling, if each detached ADU satisfies all of the following:
(
a) The side- and rear -yard setbacks are at least 4 FT. If the existing multifamily dwelling has a rear or side yard setback of less than 4 FT, the city will not require any modification to the multiple-family dwelling as a condition of approving the ADU. (
b) The peak height above grade does not exceed th e
applicable height limit provided in Subsection E.2, below. (
c) If the lot has an existing multiple-family dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. b. C
lass 2: Locally Regulated. Class 2 ADUs are approved under Government Code Sections 66314–66322. Except for Class 1 ADUs approved under Subsection D.3.a above, all ADUs are subject to the standards set forth in Subsections E and F, below. 1833
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-9 (Rev. 08.19.202512.16.2025) c. If the City denies application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant.

Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Subsection D.3.b, above.

d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time .

E. General ADU and JADU Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs that are approved under Subsections D.1 or D.2, above:

1. Zoning.

a. An Class 1 ADU subject only to a building permitapproved under Subsection D.3.aD.1, above, may be created on a lot in a residential or mixed-use zoning district.

b. An Class 2 ADU subject to approved under Subsection D.3.b D.2, above, may be created on a lot that is zoned to allow single -family dwelling residential use or multiple - family dwelling residential use.

c. In accordance with Government Code Ssection 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.

a. Except as otherwise provided by Subsections E.2.b and E.2.c, below, a detached ADU created on a lot with an existing or proposed single -family or multiple -family dwelling unit may not exceed 16 FT in height.

b. A detached ADU may be up to 18 FT in height if it is created on a lot with an existing or proposed single-family or multiple-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two 2 additional feet in height (for a maximum of 20 FT ) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c. A detached ADU created on a lot with an existing or proposed multiple - family dwelling that has more than one story above grade may not exceed 18 FT in height.

d. An ADU that is attached to the primary dwelling may not exceed 25 FT in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this Subsection E.2.d may not exceed two 2 stories.

e. For purposes of this S ubsection E.2, height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

3. Fire Sprinklers.

a. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
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b. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Sale or Conveyance. An ADU or JADU may be rented, but, except as provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single -family lot) or from the lot and all of the dwellings (in the case of a multiple-family lot).

6. Septic System. If the ADU or JADU will connect to an onsite wastewater -treatment system, the owner must include with the application a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.

a. ADU.An ADU’s created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

b. JADUs.

(1) Generally. As required by state law, all JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person 's legal domicile and permanent residence.

(2) Exception. However, t The owner -occupancy requirement in this Subsection E.7.b does not apply in either of the following situations:if the property is entirely owned by another governmental agency, land trust, or housing organization.

(a) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).

(a)(b) The property is entirely owned by another governmental agency, land trust, or housing organization.

8. Rent Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 66330 , the following requirements must be satisfied:

a. With the building -permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

b. Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year.

If the City does not receive the report within the 90 -day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30 -day period, the City may enforce this provision in accordance with applicable law.

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8. Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Planning Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Th
e JADU may not be sold separately from the primary dwelling. b. T
he JADU is restricted to the approved size and to other attributes allowed by this section.
c. T
he deed restriction runs with the land and may be enforced against future property owners.
d. T
he deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Planning Director, providing evidence that the JADU has in fact been eliminated. The Planning Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Planning Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. T
he deed restriction is enforceable by the Planning D irector or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the C ity is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. B
uilding and Safety.
a. M
ust Comply with Building Code. Subject to Subsection E.10.b, below, all ADUs and JADUs must comply with all local building code requirements. b. N
o Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Community Improvement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this Subsection E.9.b prevents the City from changing the occupancy code of a space that was uninha bitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this Section.

10. C
ertificate of Occupancy Timing.
a. G
enerally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. b. L
imited Exception for State -declared Emergencies. Notwithstanding Subsection E.10.a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
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1) The County is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. (
2) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation. (
3) The ADU has been issued construction permits and has passed all required inspections.
(
4) The ADU is not attached to the primary dwelling.

F. Sp
ecific ADU Requirements. The following requirements apply only to Class 2 ADUs that are approved under Subsection D.2, above. This Subsection F does not apply to Class 1 ADUs or JADUs approved under Subsection D.1require an ADU permit under Subsection D.2, above.

1. M
aximum Size.
a. T
he maximum size of a detached or attached ADU subject to this Subsection F is 850 SF of interior livable space for a studio or one -bedroom unit and 1,000 SF of interior livable space for a unit with two 2 or more bedrooms. b. A
n attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. A
pplication of other development standards in this Subsection F, such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in Subsection F.1.b, above, or front setback, lot coverage limit, or open-space requirement may require the ADU to be have less than 800 SF of interior livable space.

2. B
uilding Setbacks.
a. Subject to Subsection F.1.c, above, an ADU that is subject to this Subsection F shall maintain a minimum front yard setback of 30 FT from arterial street rights -of-way and 20 FT from all collector and local street rights-of-way.
b.a. An
ADUs that areis subject to this Subsection F must conform to 4 -FT side yard and rear yard setbacks. ADUs that are subject to this Subsection F must maintain a minimum front yard setback of 30 FT from arterial street rights-of-way and 20 feet from all collector and local street rights-of-way, subject to Subsection F.1.c, above. c.
b. No setback is required for an ADU that is subject to this Subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure .

3. Lot
Coverage . No ADU subject to this Subsection F may cause the total lot coverage of the lot to exceed the maximum lot coverages shown in the Tables below, subject to Subsection F.1.c, above.
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Residential Zoning Districts
AR-2 RE-2 RE-4 LDR-5
MDR-11, MDR-
18, MDR-25 &
HDR-45
Maximum Lot Coverage 30% 40% 50% 60%

Small Lot Traditional and Alley-Loaded Single-Family Residential Development Standards Requirements Residential Zoning Districts
LDR-5 MDR-11 MDR-18, MDR-25 &
HDR-45
Maximum Lot Coverage 55% 60% 70%

Multiple-Family Residential Development Standards
Requirements Residential Zoning Districts
MDR-11 MDR-18 MDR-25 HDR- 45
Maximum Project Coverage 60% 100%

4. Minimum Open Space . No ADU subject to this Subsection F may cause the total percentage of open space of the lot to fall below the minimum requirements specified below, subject to Subsection F.1.c, above.

a. Small Lot Traditional and Alley- Loaded Development Projects, and Cluster Single-Family Development Projects. Small lot traditional, small lot alley-loaded, and cluster single- family development projects that consist of more than 3 dwellings, shall devote a minimum of 20 percent of the project site to open space.

b. Multiple-Family and Mixed- Use Development Projects. M ultiple-family development projects and the multiple -family residential portion of mixed -use development projects that consist of more than 3 dwellings, shall provide open space as follows:

Minimum Open Space Requirements for Multiple-Family and Mixed-Use Development Projects Open Space Type Zoning Districts
MDR-11 & MDR-18 MDR-25 HDR-45
Private Open Space 200 SF (40%) 150 SF (37.5%) 60 SF (20%) Common Open Space 300 SF (60%) 250 SF (62.5%) 250 SF (80%) Total Open Space 500 SF (100%) 400 SF (100%) 310 SF (100%)

5. Passageway. No passageway, as defined by Subsection C.9, above, is required for an ADU.

6. Off-Street Parking.

a. Generally. One off -street parking space is required for each ADU or bedroom, whichever is less . The parking space may be provided in setback areas or as tandem parking, as defined by Subsection C.12, above.

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(
1) The ADU is located within one -half mile walking distance of public transit, as defined in Subsection C.11, above.
(
2) The ADU is located within an architecturally and historically significant historic district.
(3) The ADU is part of the proposed or existing primary residence, or an accessory structure under Subsection D.1.a, above.
(
4) When on-street parking permits are required but not offered to the occupant of the ADU.
(
5) When there is an established car share vehicle stop located within one block of the ADU.
(
6) When the permit application to create an ADU is submitted with an application to create a new single -family or multiple -family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Subsections F.6.b(1) through F.6.b(5), above.
c. N
o Replacement. When a garage, carport, covered parking structure , or u
ncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

7. A
rchitectural Requirements.
a. T
he materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. b. T
he roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. c. T
he exterior lighting must be limited to down -lights or as otherwise required by the City's Building or Fire Code.
d. T
he ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. T
he interior horizontal dimensions of an ADU must be at least 10 FT wide in every direction, with a minimum interior wall height of 7 FT. f. No
Wwindows and or doors of the ADU may not have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using Ffencing, landscaping, or privacy glass may be used to provide screening and to prevent a direct line-of-sight. g. All windows and doors in an ADU are less than 30 FT from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the 1839
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Ontario Development Code Page 5.03-15 (Rev. 08.19.202512.16.2025) glass at least 6 FT above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

8. Landscape Requirements. A Landscape Plan shall be submitted to the City, which provides for evergreen landscape screening, to include trees, shrubs, and groundcovers that shall be planted, permanently irrigated, and fully maintained, and which is located between an ADU and adjacent parcels, and where an ADU impacts a front yard and/or is subject to public views from a public or private street. Evergreen landscape screening shall be providedmust be planted and maintained between an ADU and adjacent parcels as follows:

a. At least one Minimum 15- gallon size screening shrubs shall be installed at every 5 linear feet of exterior ADUbuilding wall. Alternatively, a 6-FT high decorative masonry block wall may be constructed.

b. ADUs created by garage conversion, which results in the removal of the garage door, shall provide a minimum 3 -FT wide foundation landscape planter for the full length of the wall wherein the garage door was removed, which shall be fully landscaped and irrigated, and permanently maintained.

c. All landscaping must be drought tolerant and California friendly.

d. Landscape and irrigation plans shall be prepared and submitted to the City for review and approval.

9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

9.10. Allowed Stories. No ADU subject to this Subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed un der subparagraph E.2.d of this Section.

G. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under Subsections D.3.a or D.3.b D.1 or D.2, above.

1. Impact Fees.

a. No impact fee is required for a JADU or for an ADU that is has less than 750 SF of interior livable space in size. For the purposes of this Subsection G.1, the term " impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" as used herein this Section, does not include any connection fee or capacity charge for water or sewer service .

a.b. A JADU or ADU with less than 500 SF of interior livable space does not increase assessable space by 500 SF for purposes of Education Code Section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code Section 17620.

b.c. Any impact fee that is required for an ADU that is has 750 SF or more of interior livable space larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (eE.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling .)

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2. Utility Fees.
a. If
an ADU or JADU is constructed with a new single -family home, or if a detached new-construction ADU is being constructed on a lot with an existing single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normalmay be required. A connection fee and capacity charge for a new dwelling are may be required.
b. E
xcept as described in Subsection G.2.a, JADUs and converted ADUs on a single-family lot that are created under Subsections D.3.a(1)D.1.a above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
c. E
xcept as described in Subsection G.2.a, all ADUs that are not covered by Subsection G.2.b require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider. (
1) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage -fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(
2) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

H. N
onconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. G
enerally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2020.
a. P
ermit to Legalize. As required by state law, the City may not deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(1) The ADU or JADU violates applicable building standards; or (2) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 5.03.010).
b. Exceptions.
(
1) Notwithstanding Subsection H.2.a , above the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before 1841
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I. No
nconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in Subsections A through H of this Section may be allowed by the City, subject to a Conditional Use Permit issued in accordance with the other provisions of this Development Code.

5.03.011: Accessory Residential Structures
A. Pur
pose. The purpose of this Section is to establish standards for the construction and use of Accessory Residential Structures (other than Accessory Dwelling Units allowed pursuant to Section 5.03.010 of this Development Code ) in conjunction with existing single -family dwellings located within single -family or multiple -family zoning districts. ( Note: The construction and use of Accessory Residential Structures in conjunction with existing multiple -family dwellings shall be subject to the development standards applicable to the primary multiple -family dwellings.) B. Ap
plicability. For purposes of this Section, the herein established development standards shall apply to Accessory Residential Structures such as garages, carports, guesthouses, storage sheds, pool houses, recreation rooms, etc., which are incidental or subordinate to t he primary dwelling.

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

1. Acce
ssory Residential Structure. A structure that is incidental or subordinate to the primary dwelling on the same site, or the use of which is incidental or subordinate to the use of the primary dwelling of the site.

2. At
tached Accessory Residential Structure . An Accessory Residential Structure that is joined to the primary dwelling by means of a shared common wall or is joined by a roof that extends the full width of the smaller of two connecting structures, creating a covered breezeway.

An Attached Accessory Residential Structure is deemed to be attached to, and a part of, the primary dwelling.

3. Br
eezeway. A fully roofed, open passage that connects two buildings, such as a house and garage.

D. Gen
eral Requirements. Accessory detached residential structures shall be developed pursuant to the following standards:

1. Ac
cessory Residential Structures shall only be allowed on a lot containing a single - family dwelling, and may be attached to the primary dwelling, or may be an independent structure that is detached from the primary dwelling.
1842
Department: Community Development
Prepared By: James Caro
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

A PUBLIC HEARING TO CONSIDER ADOPTION OF ORDINANCES ADDING CHANGES TO CHAPTERS 18 AND 19 OF TITLE 8 OF THE ONTARIO MUNICIPAL

CODE AND A RESOLUTION AUTHORIZING THE BUILDING OFFICIAL TO WAIVE

CITY BUILDING DEPARTMENT PERMIT FEES PERTAINING TO HIGH-RISK

UNREINFORCED MASONRY AND SOFT-STORY STRUCTURES

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council introduce and waive further reading of:

A
.

An Ordinance adding Chapter 18 of Title 8 of The Ontario Municipal Code Pertaining to a Seismic Safety Mitigation Program for Unreinforced Masonry Buildings.

B
.

An Ordinance adding Chapter 19 of Title 8 of The Ontario Municipal Code Pertaining to mandatory Seismic Strengthening provisions for existing wood-frame buildings with soft, weak or open-front wall.

C
.

That the City Council consider and adopt a Resolution approving and authorizing the Building Official to waive City Building Department permit fees for retrofit building plans submitted for High-Risk Unreinforced Masonry (URM) and Soft-Story structures.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

There is not a direct fiscal impact associated with this action. However, if the City Council authorizes the Building Official to waive City Building Department permit fees for retrofit for High-Risk Unreinforced Masonry (URM) and Soft-Story structures, the City would forgo the additional revenue that would otherwise be generated from these permit fees. Safeguarding public safety, protecting property, and strengthening the City’s resilience against future earthquakes are critical objectives supported by the seismic strengthening of commercial and multi-family structures. The long-term benefits of retrofitted buildings outweigh the loss in permit fee revenues.

BACKGROUND & ANALYSIS:

In 1986, California enacted a law (“Unreinforced Masonry Law,” California Government Code sections 8875 et seq.) that required local governments in Seismic Zone 4 to inventory unreinforced masonry (URM) buildings, to establish a URM loss reduction program 1843
and report progress to the state by 1990. To date, the city has not implemented a Seismic Safety Mitigation Program for (URM) Buildings. As we advance efforts to revitalize our Downtown, it is essential to establish such a program to safeguard public safety, protect property, and strengthen the City’s resilience against future earthquakes.

Additionally, California Health and Safety Code Section 19160(m) highlights the seismic vulnerability of soft-story residential buildings. In response, the City is proposing the creation of a Seismic Strengthening Requirements Provisions specifically aimed at addressing the risks associated with these structures.

Unreinforced masonry buildings (“URMs”)
Unreinforced masonry buildings (“URMs”) are generally brick buildings constructed prior to 1933, predating earthquake-resistant design standards. These buildings can possess features including, but not limited to, unbraced parapets, walls and roofs that are not attached to each other, and poorly constructed walls. In past earthquakes many of these types of structures have performed poorly and/or collapsed causing loss of life, personal injury, and substantial property damage.

Buildings constructed of unreinforced masonry walls have been widely recognized as being vulnerable to sustaining significant damage during moderate to strong earthquakes. The City of Ontario contains approximately 78 buildings of unreinforced masonry construction that have been determined to be “potentially hazardous” during a seismic event and that have not been adequately strengthened (See Exhibit “A”). These buildings are generally located within the downtown area. The URM Law requires all local cities to:

1 .

Inventory URM buildings within each jurisdiction.
2 .

Establish loss reduction programs for URM buildings.
3 .

Report progress to the California Seismic Safety Commission.

In addition, the law recommends that local governments:

1 .

Establish seismic retrofit standards.
2 .

Adopt mandatory strengthening programs.
3 .

Enact measures to reduce the number of occupants in URM buildings.

Soft Story Buildings
Soft Story Buildings are older multi-unit residential wood frame buildings with soft, weak, open, or otherwise vulnerable lower stories that are acknowledged to be among the most earthquake-prone structures in Ontario. These types of structures consist of partial tuck-under parking on the first- floor level with living space on the floors above. In past earthquakes many of these types of structures have performed poorly and collapsed causing loss of life, personal injury, and substantial property damage.

The City of Ontario contains approximately 79 existing wood-frame buildings with soft, weak or open-front wall structures within the city (See Exhibit “B”). The Seismic Safety Commission has recommended legislative actions to enhance the safety of these buildings and reduce their seismic risk. The earthquake safety and post-earthquake recovery of housing is acknowledged as a goal of Ontario’s emergency response and recovery plan.
1844

URM and Soft Story Applicability
The provisions of URM Program applies to all buildings or portions of buildings constructed with unreinforced masonry walls with some exceptions such as public schools, hospitals and State or federally owned buildings.

The provisions of the Soft Story Program (Ordinance) apply to all existing buildings of wood-frame construction, or wood-frame portions thereof, where:

1 .

A permit for construction of a new building was applied for on or before January 1, 1978, or if no permit can be located, the structure is determined by the Building Official to have been built under building code standards enacted prior to January 1, 1978; and 2 .

The ground floor portion of the structure contains parking or other similar open floor space that causes soft, weak, open-front wall lines, and there exist one or more stories above.

The Soft Story Program does not apply to single family residences, ground floor or basement concrete podium levels where a rigid concrete diaphragm exists, however the first wood frame story above the podium will be subject to the provisions of the Program where a soft, weak, or open front walls exist.

URM and Soft Story Programs
The URM and Soft Story programs will require an owner of each building to perform an investigation of the existing construction and a structural analysis to be completed on the building by a Registered Civil or Structural Engineer licensed in the State of California. If it is found that the building does not meet the minimum standards specified in the URM or Soft Story Programs, the Owner shall cause it to be structurally altered to conform to such standards. Each applicable building must demonstrate compliance or have been structurally altered to comply with the minimum standards in URM and Soft Story Programs (Ordinances) and are required to be maintained in conformity with the requirements of the Program in effect at the time of structural alteration.

Time Period for Compliance
URM and Soft Story buildings within the scope of the Programs will be required to be structurally altered to comply with the minimum standards of the Programs within the time periods shown on the table below. The Building Official shall prioritize enforcement of time periods based on level of risk to public safety. For URM and Soft Story buildings the level of risk is described as follows:

URM Buildings

1 .

High Risk: Structures containing multi-family residential structures or public facilities. 2 .

Medium Risk: Structures containing commercial, office or retail uses. 3 .

Low Risk: Structures containing manufacturing or industrial uses.

Soft Story Buildings
1 .

High Risk: Parcels containing buildings with 3 or more stories, or containing 25 or more dwelling units total, or qualified historic buildings (any size or number of units). 2 .

Medium Risk: Parcels containing 10 to 24 total units.
1845
3 .

Low Risk: All parcels containing non-historic, 2-story buildings with 2 to 9 total units.

REQUIRED
ACTION

BY OWNER
Risk Level

Submit Structural
Assessment
Plan & Obtain
Permit
Complete
Construction
High Risk
9 months from Notice
to Owner
9 months from
Structural
Assessment
submittal
18 months from
plan/permit Approval
Medium Risk
12 months from Notice
to Owner
12 months from
Structural
Assessment
submittal
24 months from
plan/permit Approval
Low Risk
18 months from Notice
to Owner
12 months from
Structural
Assessment
submittal
24 months from
plan/permit Approval

Time extensions may be granted by the Building Official. Apart from the 9-month period to submit the Structural Analysis, the building owner may request an extension for compliance. The Building Owner has the burden of proof to establish with substantial evidence that he or she is unable to continue work within the time required due to circumstances beyond the control of the permittee.

The Building Official will establish and maintain a list of URM and Soft Story buildings and, within thirty days from the effective date of the URM and Story Ordinances, shall notify the owners and tenants, if applicable, of those buildings, in writing, that their buildings have been identified as URM or Soft Story buildings and of their obligation to mitigate the potential hazard in compliance with the URM and Soft Story Program. The Notices will be addressed to the Owner as shown on the last equalized San Bernardino County assessment roll of the building.

In addition, per State law requires all owners of URM buildings will be required to place a placard (8” x 10”) at the building's entrance informing people entering the building, that the building does not meet building standards.

Occupancy And Tenant Advisory
For both URM and Soft Story buildings the property owner will be responsible for advising all current and prospective residential and non-residential tenants, subtenants, lessees, sublessees, or any other person(s) entitled to the use and/or occupancy of the building of a proposed project. The notice will include the information for the project, as determined by the city, including the scope of work, expected duration, and contact information for a representative of the contractor. Proof of written notification will be required to be kept by the property owner and made available to the City upon request at any time until such permit is final, and construction is completed.

City Incentives
To help mitigate the costs associated with URM/Soft Story retrofits, the City will support property 1846
owners through the following incentives:

Grant Assistance through the California Residential Mitigation Program Grants: Earthquake Brace + Bolt Program, Earthquake Soft-Story Program and Earthquake Multi-Unit Retrofit Program.

City of Ontario Adaptive Reuse Program – Cost effective Permit Process that provides alternative approaches to mandated Codes that will permit adaptive reuse and still provide minimum requirements to safeguard the public health, safety, and welfare of the building occupants and help reduce cost.

At the City Council’s discretion, the Building Official may be authorized to waive City Building Department permit fees for the retrofit of High-Risk URM and Soft-Story structures. High-Risk structures are those that pose an elevated threat to public safety. High-Risk URM structures include buildings with multi-family occupancies and public facilities. High-Risk Soft-Story structures include parcels containing buildings with 3 or more stories, or containing 25 or more dwelling units total, or qualified historic buildings (any size or number of units). If the City Council concurs with authorizing the Building Official to waive permit fees for High-Risk URM and Soft-Story structures, staff recommends that the Council adopt the attached Resolution granting the Building Official this authority for qualifying High-Risk retrofit project.

Community Outreach
On Wednesday, October 1, 2025, the Building Department held a community meeting to present the draft URM and Soft Story Ordinances to property owners and businesses, and to gather feedback on the proposed regulations. In addition, on October 16, 2025, City staff met with the Downtown Ontario Improvement Association (DOIA) Board to present the draft Ordinances and receive comments. The following concerns were raised during both the community meeting and the DOIA Board meeting:

1 .

Mandatory Requirements - Participants questioned whether the City Council could decline to approve the ordinances. Staff explained that the State of California mandates implementation of a Seismic Safety Mitigation Program for Unreinforced Masonry (URM) and Soft Story buildings to address life-safety concerns. Adoption of the ordinances will make retrofits mandatory but will establish a compliance timeline.
2 .

Structural Engineers - Attendees asked whether the City would provide structural engineering services. Staff informed property owners that they are responsible for hiring their own structural engineers. Owners were directed to the California Contractors State License Board website to locate licensed engineers and contractors.
3 .

Building Plaque Requirement - Questions were raised regarding whether URM buildings must display a plaque. Staff clarified that State law (AB 2533) requires owners of URM buildings to place an 8" x 10" placard at the building entrance notifying occupants that the building does not meet current building standards.
4 .

Liability - A community member asked whether the City would be liable if the URM and Soft Story Ordinances were not implemented. Staff explained that the State mandates the ordinances; however, similar to accessibility requirements, property owners are responsible for maintaining safe conditions. If an incident occurs, liability generally rests with the owner.

Once the ordinances are adopted, any new tenant improvement project will trigger retrofit enforcement. If the City fails to enforce requirements after that point, it could share liability. 1847
5 .

Impact to Businesses - Questions were raised about whether the City had considered potential business losses. Staff acknowledged that retrofits or tenant notifications regarding unsafe buildings may create disruptions. The City expressed its commitment to supporting property owners in completing retrofits as efficiently as possible and to exploring options or programs to assist affected tenants.
6 .

Financial Incentives - Participants asked whether the City would offer financial assistance for retrofits. Staff stated that the City will explore potential funding opportunities and assistance options, including grants, cost savings through the City’s Adaptive Reuse Program (Streamlined Permit Process), and at the City Council’s discretion, allowing the Building Official to reduce or waive City permit fees for retrofit projects. 1848
1 ADDRESS INDEX

UNREINFORCED

MASONRY

JAMES CARO

BUILDING OFFICIAL
303 E B ST
ONTARIO, CA. 91764

BUILDING DEPARTMENT
1849
1 1850
1 SOFT STORY

ADDRESS INDEX

BUILDING DEPARTMENT
303 E B ST
ONTARIO, CA. 91764

JAMES CARO

BUILDING OFFICIAL
1851

1852
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ONTARIO, CALIFORNIA, ADDING PURSUANT TO AN EXEMPTION

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
CHAPTER 1 8 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE

PERTAINING TO A SEISMIC S AFETY MITIGATION PROGRAM

FOR UNREINFORCED MASONRY BUILDINGS , AND MAKING
FINDINGS IN SUPPORT THEREOF.

WHEREAS, it is acknowledged that the City of Ontario (“City”) will experience earthquakes in the future due to its proximity to numerous earthquake faults, including San Andreas, San Jacinto, San Jose, Sierra Madre, Indian Hill, Chino, and Whittier - Elsinore faults; and

WHEREAS, it is found and declared that when a strong or moderate earthquake occurs, loss of life, serious injury and/or impaired economic value may result from damage to or collapse of buildings in the City; and

WHEREAS, buildings constructed of unreinforced masonry walls have been widely recognized as being vulnerable to sustaining significant damage during moderate to strong earthquakes; and

WHEREAS, pursuant to the “Unreinforced Masonry Law,” California Government Code sections 8875 et seq. the City implemented a seismic hazard program that identified unreinforced masonry buildings that may be hazardous to their occupants, pedestrians and adjacent structures and their occupants in the event of an earthquake; and

WHEREAS, the City contains approximately 78 buildings of unreinforced masonry construction that have been determined to be “potentially hazardous” during a seismic event and that have not been adequately strengthened; and

WHEREAS, the City Council desires to lessen the risk to life and property of the citizens of Ontario posed by unreinforced masonry buildings; and

WHEREAS, the earthquake safety and post -earthquake recovery of housing is acknowledged as a goal of Ontario’s emergency response and recovery plan; and

WHEREAS, the California Existing Building Code requires seismic retrofit only in exceptionally rare cases; and

WHEREAS, it is acknowledged to be in the best interests of Ontario’s building owners, commercial and residential tenants, and all re sidents to apply retrofit standards that balance the benefits of reduced earthquake losses with the costs and disruptions of seismic retrofit; and

WHEREAS, it is the desire and intent of the City Council to provide Ontario citizens 1853
with the greatest degree of protection from the hazards of unreinforced masonry buildings in the most effective manner; and

WHEREAS, the purpose of this Ordinance is to promote public safety by providing standards for both analyzing and retrofitting potentially hazardous unreinforced masonry buildings; and

WHEREAS, the City Council in adopting this Ordinance relies upon the authority vested in the Council pursuant to California Government Code sections 8875 et seq. and California Health and Safety Code sections 19160 et seq.; and

WHEREAS, the City held a public hearing on December 16, 2025, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and

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

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby finds that

A. California Health and Safety Code Section 19161(a) authorizes the City of Ontario to assess its earthquake hazard and to identify potentially seismically hazardous buildings; and

B. California Health and Safety Code Section 19161(b) requires such identification to be made by a licensed architect or civil engineer or by the staff o f a local building department when supervised by a licensed architect or civil engineer; and

C. With reference to California Health and Safety Code Section 19162(b)(1), the California Building Standards Commission has adopted Section 317 of the California E xisting Building Code, which allows a local jurisdiction to adopt standards for earthquake evaluation and retrofit based on the national standard known as ASCE 41, titled Seismic Evaluation and Retrofit of Existing Buildings ; and

D. California Health and Safety Code Section 19161(a)(1) identifies the buildings that are the subject of this Ordinance as “potentially hazardous buildings.” California Building Code Section 1.1.8.1 states that local ordinances and mitigation programs for such buildings are exempt from making express findings otherwise required by California Health and Safety Code Section 19163(b) citing Section 17958.5 and Section 17958.7.

SECTION 2. Seismic Safety Mitigation Program for Unreinforced Masonry Buildings, is added to read as follows:

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Section 8-18.010 Purpose.

Unreinforced masonry buildings (“URMs”) are generally brick buildings constructed prior to 1933, predating earthquake-resistant design standards. These buildings can possess features including, but not limited to, unbraced parapets, walls and roofs that are not attached to each other, and poorly constructed walls. In past earthquakes many of these types of structures have performed poorly and /or collapsed causing loss of life, personal injury, and substantial property damag e. The purpose of this Chapter is to provide alternative construction regulations designed to reduce the risk of death or injury resulting from earthquake hazards in existing unreinforced masonry buildings in a timely and economically feasible manner while preserving the historic character of the community. This Chapter creates minimum standards intended to reduce the risk of collapse and improve the performance of these buildings during earthquakes, but not necessarily prevent the loss of life, injury and damage to property.

Section 8-18.020 Applicability.

The provisions of this Chapter shall apply to all buildings or p ortions of buildings constructed with unreinforced masonry walls with the following exceptions:

A. A building which has been seismically retrofitted since 1985 that complies with the strengthening standards in effect at the time as determined by the Building Official;

B. A detached Group R Division 3 Occupancy or a detached Group R Division 1 Occupancy having four living units or fewer;

C. Accessory buildings serving Group R Division 3 Occupancies or accessory buildings serving Group R Division 1 Occupancies having four living units or fewer;

D. Public schools;

E. Hospitals; and

F. State or federally owned buildings.

Section 8-18.030 Definitions.

For the purposes of this Article, certain words, phrases, terms and their derivatives shall be construed as specified in this section. Words, phrases, and terms that are used in this Chapter, but not specifically defined, shall have the meaning set forth in the applicable local, state or federal code, if appropriate. Other such words, phrases and terms shall be accorded their ordinary meanings.

“Architect” shall mean a person who is licensed to practice architecture in this state.

“Architectural and Engineering fees” shall mean all design and analysis costs, not repair costs.
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“Board of Appeals” shall be as outlined in Section 113 of the CBC.

“Building” for the purpose of determining occupant load, shall mean any contiguous or interconnected structure; for purposes of engineering evaluation, shall mean the entire structure or portion thereof which will respond to seismic forces as a unit.

“Building Code” or “CBC” shall mean the current edition of the California State Building Code, as amended from time to time mid as adopted and amended and/or updated by the city.’

“California Existing Building Code (or “CEBC)" shall mean the seismic provision for unreinforced masonry buildings contained in the 2022 edition of the CEBC, as adopted and as may be updated by the City.

“Engineer" shall mean any professional, civil or structural engineer who is licensed to practice engineering in this state.

“Owner” shall mean any individual or group of individuals or firm or any other entity holding legal or equitable title to the real property.

“Qualified historical Building" shall mean any building, structure or collection of structures deemed of importance to the history, architecture, or culture of an area by an appropriate local, state, or federal governmental jurisdiction. This shall include structures on existing or future national, state or local historical registers or official inventories of historical or architecturally significant sites, places, historic districts, or landmarks.

“Retrofit" or “Retrofitting" shall mean any and all structural work necessary to comply with the requirements of this Chapter, including but not limited to all improvements, alterations and repairs.

“Unreinforced Masonry (URM) Building" shall mean any building or structure containing one or more walls constructed wholly or partly with unreinforced.

"Unreinforced Masonry (URM) Wall" shall mean a masonry wall in which the area of reinforcing steel is less than 25 percent of the minimum steel ratios required by the current California Building Code for reinforced masonry.

"Valuation” shall mean the total value of all construction work as determined by the Building Official.

Section 8-18.040 URM Buildings Hazard Mitigation Process.

The following process shall be followed for abatement of the hazards posed by URM buildings:

A. Establish List and Notify Owner. The Building Official shall establish and maintain a list of URM buildings and, within thirty (30) days from the effective date of this 1856
Chapter, shall notify the owners and tenants, if applicable, of those buildings in writing that their buildings have been identified as URM buildings as defined in this Chapter and of their obligation to mitigate the potential hazard in compliance with this Chapter.

B. Contents of Notice to Owner. The Notice to Owner shall be addressed to the Owner as shown on the last equalized San Bernardino Co unty assessment roll of the building. The Notice shall include the following:

A. A statement that the structure has been reviewed and appears to be of the type, which is prone to significant damage, including collapse, in a moderate to major earthquake;

B. Direction to comply with the retrofitting requirements of this Chapter, as applicable;

C. Where applicable, the findings on which the determination that the building or structure does not comply is based;

D. The time schedule for commencement and completion of seismic retrofitting;

E. A statement that the owner is required to provide a copy of the notice to correct deficiencies to all tenants of the structure; and

F. A statement that a URM certificate will be recorded in the office of the County Recorder until the subject building is removed from the URM list in accordance with subsection 8-18.080 .

C. Failure to Receive Notice to Owner. Failure of any Owner, party concerned or other person to receive such Notice to Owner shall not affect the validity of any proceedings taken thereunder.

D. Recordation. At the time that the notice as outlined in subsection (A) is served, the Building Official shall record with the office of the County Recorder a certificate stating that the subject building is within the scope t he "Seismic Safety Mitigation Program for Unreinforced Masonry Buildings” Ordinance.” The certificate shall also state that the owner thereof has been ordered to review and st ructurally analyze the building and upgrade the building in accordance with this Chapter.

Section 8-18.050 Structural Analysis Assessment.

The Owner of each building subject to the provisions of this Chapter shall cause an investigation of the existing construction and a structural analysis to be performed on the building by a Registered Civil or Structural Engineer licensed in the State of California and if the building does not meet the minimum standards specified in this Chapter, the Owner shall cause it to be structurally altered to conform to such standards.

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Each applicable building within the scope of this Chapter which has been analyzed to demonstrate compliance or has been structurally altered to comply with the minimum standards in this Chapter shall be maintained in conformity with the requirements of this Chapter in effect at the time of structural alteration.

Section 8-18.060 Engineering Analysis Required.

A. General. Engineering plans, calculations and specifications shall be filed with the applicable building permit demonstrating that the proposed retrofit work will comply with the applicable standards specified in the CBC for the buildings.

B. Mandatory Seismic Retrofitting. All unreinforced masonry buildings shall be retrofitted in accordance with the seismic standards contained in the CBC, except that qualified historical buildings may use the applicable provisions of the State Historical Building Code in conjunction with the CBC as provided in subsection (h). All destructive materials testing in accordance with the CBC is required only when those elements are used as part of the structural design. The decision of whether to test existing materials is the responsibility of the engineer/architect, and the city assumes no liability for damage, injury, or harm caused by the testing. In the absence of acceptable test data, the engineer/architect shall use allowable stresses for existing materials in accordance with the CBC or as approved by the Building Official.

The owner shall file with the Building Official plans, structural calculations and specifications with an acceptable building permit application to comply with the applicable mandatory retrofit standard within the time specified in subsection (e).

The information required for a building permit application shal l be in accordance with subsection (f).

C. Preparer of plans, calculations and specifications. Building owners shall employ a civil or structural engineer or architect, registered by the State of California, herein called "engineer/architect", to prepare the required engineering plans, calculations and specifications acceptable to the Building Official.

D. “Scope of work”, provided on the title page needs to address all the proposed work that per the Building Codes requires a permit.

E. “Building Data Analysis ”, provided on the title page needs to provide the following.

1. Codes Used

2. Building information

3. Site information

4. Parking requirements and provided

5. Number of bathrooms and fixtures needed and provided.

6. Exits, what is required, what is provided and distance to them.

F. Exception. One URM wall or common URM wall with an existing engineering analysis report on file and prepared since October 2022 shall only be required to retrofit that one URM wall or common URM wall if the owner demonstrates to the 1858
satisfaction of the Building Official that the retrofit of the common URM wall or URM wall will not weaken the remaining building and/or structure, and any other requirements that the Building Official may deem necessary to comply with this Chapter.

Section 8-18.070 Time Period for Compliance/Priority Designation .

A. Plan. Permits and Construction. Each building within the scope of this Chapter shall be structurally altered to comply with the minimum standards in this Chapter within the time periods shown in Table A. Minimum plan requirements shall be as specified by the Building Official. Failure to comply with the program within the specified time frame shall be a violation of this Chapter and subject the owner to the penalties and remedies described in Section 8-18.120.

B. Screening Form (optional). Within the time limits allowed in Table A, if the Owner of any building believes he/she is not subject to the provisions of this Chapter, Owner shall submit a screening form to the Building D epartment.

The Screening Form shall be completed by a licensed civil or structural engineer and shall state whether the structure conforms to the earthq uake design provisions contained in this Chapter Retrofit of said building shall not be required if Screening Form determines that the structure conforms with the earthquake design provisions of this Chapter, as determined by the Building Official. Retrofit of said building shall be required if Owner fails to submit the Screening Form within the time limit specified in Table A or if the Screening Form determines that the structure does not conform with the design requirements of this Chapter. The requiremen t for said retrofit is not appealable if the Screening Form states that the structure does not conform to the earthquake design provisions contained in this Chapter.

TABLE A

TIME PERIOD FOR COMPLIANCE

Required Action By Owner

Risk
Level
Submit Structural
Assessment
Plan & Obtain
Permit
Complete
Construction
High Risk 9 months from
Notice to Owner
9 months from
Structural Assessment
submittal
18 months from
plan/permit
approval
Medium
Risk
12 months from
Notice to Owner
12 months from
Structural Assessment
submittal
24 months from
plan/permit
approval
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Low Risk 18 months from
Notice to Owner
18 months from
Structural Assessment
submittal
24 months from
plan/permit
approval

C. Risk Designations. The Building Official shall prioritize enforcement of this Chapter as defined in Table B.

TABLE B

RISK DESIGNATION

Risk Level Description
High Risk Structures containing multi-family residential structures or public facilities
Medium Risk Structures containing commercial, office or retail uses Low Risk Structures containing manufacturing or industrial uses

Section 8-18.080 Removal of Building from City’s URM List .

The Building Official shall remove any building from the inventory list of potentially hazardous buildings when that building has been upgraded to the standard in subsection (d) and the final inspection is approved. Upon completion of all retrofitting work, the Building Official shall record with the office of the County Recorder a certificate stating that the subject building has complied with Title 8, Chapter 18 of the City of Ontario Municipal Code, the “Seismic Safety Mitigation Program for Unreinforced Masonry Building.

Section 8-18.090 Extensions.

Extensions. With the exception of the 6-month period to submit the Structural Analysis, the Building Owner may request an extension to the time period for compliance with the timelines set forth in Table A of section 14.08.050. The Building Owner has the burden of proof to establish , with substantial evidence , that he or she is unable to continue work within the time required by this section due to circ umstances beyond the control of the permittee. The written request must demonstrate that:

A. Due to circumstances beyond the owner's or permittee's control, construction could not be commenced, continued or completed in the authorized time period; or

B. If the construction has started, substantial progress has been made; or

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C. If construction has started, the condition of the property presents no health or safety hazard; or

D. The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to the neighboring property owners; or

E. Due to unforeseen conditions, as deemed appropriate by the Building Official , construction could not be commenced, continued or completed in the authorized time period.

The Owner must also provide a new proposed schedule for compliance, and plan to comply with the provisions of this chapter during that timeframe. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months.

Section 8-18.100 Occupancy and Tenant Advisory.

Notification to Tenants and Occupants. The Owner sha ll advise all current and prospective residential and non-residential tenants, subtenants, lessees, sublessees, or any other person(s) entitled to the use and/or occupancy of the building of a proposed project submitted pursuant to this Chapte r. The notice sha ll include the information for the project, as determined by the City, including the scope of work, expected duration, and contact information for a representative of the contractor. Proof of written notification is required to be kept by the Owner and made available to the City upon request at any time until such permit is final, and construction is completed.

Section 8-18.110 Information Required on Plans.

A. General. The plans and specifications required by the Building Official shall be of sufficient clarity to indicate the nature, design methodology, and extent of the proposed work and to show in detail that it will conform to the provisions of this Chapter and the Building Codes.

B. Engineers Statement. The engineer responsible shall provide the following statement on the approved plans:

"I am responsible for designing this building's seismic strengthening in compliance with the minimum standards of the Seismic Safety Mitigation Program for Unreinforced Masonry Building."

C. Owner or Owner's Representative Statement. Unless the entire building has been retrofitted to meet the full intent of the current Building Code, the Owner shall provide and sign the following statement on the cover of the drawings:

I, [Owner Name(s)], understand the seismic evaluation and strengthening performed under this project is limited to that specified in the Seismic Safety Mitigation Program for Unreinforced Masonry 1861
Building which is intended to reduce the risk under a seismic event. I understand the full building, has not been evaluated nor strengthened for other potential structural deficiencies that may cause a life safety concern, injury, or property damage risk under a seismic event.”

D. Quality Control and Assurance Requirements. General notes shall show the requirements for material testing, special inspection, structural observation and the proper installation of newly added materials.

Section 8-18.120 Observation/Inspection.

A. Structural Observation. All structures regulated by this Chapter require structural observation during construction. The Owner shall employ the Engineer of Record responsible for the structural design, or another registered Engineer designated by the Engineer of Record to perform structural observation as defined in the Building Code.

B. Special Inspection. Special inspections shall be provided as required by the Building Code. Additional inspections shall be noted on drawings as required by Building Official.

Section 8-18.130 Violation/Penalty for Non-Compliance.

A. Violation. It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Chapter. A building that is found to be within the scope of this Chapter and is not brought into compliance with the time frame indicated in Table A, shall be declared unsafe and subject to the requirements of the currently adopted Building Code.

B. Penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted, and upon conviction of any such violation such pers on shall be punishable by a fine of not more than $1,000, (one thousand dollars) or by imprisonment for not more than six months, or by both such fine and imprisonment.

The provisions of this section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Chapter.

C. Recordation of violation. If (A) the Building Official determines that any property, building, or structure, or any part thereof is in violation of any provision of this Chapter; and if (B) the Building Official gives written notice as to the nature of said violation; then the Building Official may have sole discretion to, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Chapter. The remedy provided by this section is cumulative to any other enforcement actions 1862
permitted by this Chapter.

D. Additional Remedies. In addition to the recordation of violation noted in (C) above, the Building Official may:

1. Notify all parties with a financial interest in the property (such as mortgage lenders, lien holders, insurance bearers) and the tenants that the building is a hazardous URM building and is in violation of this Article.

2. Order that the owner post a sign on the building to designate it as a hazardous URM building. The signs shall be located at well lighted locations, readily visible by the occupants and public when entering the building and shall be protected from damage. Location, form and content of the sign is subject to the Building Official's approval. The building owner shall be responsible for installing and maintaining the signs and immediately replacing them, at the owner’s expense, as necessary. When the owner corrects all violations of this Article to the satisfaction of the Building Official, the posting of signs on the building required by this section may be removed by the owner. However, if the owner violates any aspect of this Article after the posting has been removed, the Building Official may order the immediate re-posting of signs on the building.

3. The City Council may cause any building not abated within the time limits set forth herein to be vacated, strengthened, repaired, rehabilitated, remodeled, demolished or upgraded in accordance with the provisions of this Article.

E. Costs. Any person that has violated any provision of this Chapter shall be responsible for the costs of any and all Code Enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified by the current fee schedule. Further, the City Council of the City of Ontario may authorize the placement of a lien on the property for all costs incurred.

Section 8-18.140 Appeal of Retrofit.

A. Appeal of Retrofit. When the owner believes the Building Official made an error in his or her determination regarding a Retrofit required under this Article the owner may appeal the determination to the Board of Appeals. Such appeal shall be made within thirty (30) days after the date of the Building Official's written decision.

Any such appeal shall be made in the form specified by this section and be filed with the city clerk. The appeal shall state specifically the alleged error or abuse of discretion by the Building Official. The appeal will be heard by the Board of Appeals within thirty (30) days of the date of receipt of the appeal by the city clerk. Not less than ten (10) days prior to the hearing date, the city clerk shall give notice to the appellant of the date, time and place of the hearing. The Board of Appeals shall be authorized to continue the hearing for up to thirty (30) days.

In considering the appeal, the Board of Appeals shall determine whether, based upon 1863
the record, the Building Official erred or abused his or her discretion.

The decision of the Board of Appeals shall be in writing, and a copy of its decision shall be mailed or otherwise delivered to the appellant by the Building Official within ten (10) days of the date of the Board of Appeal's decision. The decision of the Board of Appeals shall be final.

B. Appeal of Non -Compliance Penalties and Actions. Any written decision by the Building Official to impose penalties in the event of any failure to comply with the requirements of this Article may be appealed by the owner or the owner's agent to the Board of Appeals. Any such appeal shall be made within thirty (30) days of the date of the Building Official's mailing of notification. The appeal shall be made on a form approved by the Building Official and shall state specifically how the Building Official has either committed an error or has abused his or her discretion. In considering the appeal, the Board of Appeals shall determine whether, based upon the record, the Building Official erred or abused his or her discretion. The decision of the Board of Appeals shall be in writing and may be appealed to the City Council as provided for in subsection (d). Revocation of a Certificate of Occupancy, if appealed, will not become effective until the decision of the Board of Appeals has been upheld by the City Council.

C. Written Appeal Required. Any written appeal as provided for in subsections (b) and (c) and filing fee shall be submitted to the city clerk and the written appeal shall contain the following:

1. The names of the appellants.

2. A brief statement setting forth the legal interest of each of the appellants in the land and/or building involved.

3. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellants.

4. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

5. The submittal of any documents, sworn statements or other written material claimed to have value on the contentions made in support of the appeal.

6. The signatures of all parties named as appellants and their mailing addresses.

7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

D. The Board of Appeals shall conduct hearings on written appeals made under this section and may approve or disapprove interpretations of this Chapter made by 1864
the Building Official of the city. All such approvals or disapprovals shall be final and conclusive as to the Building Official. The Board of Appeals shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties under this part.

Section 8-18.150 Remedies.

In addition to the penalties in Section 8.18-130, the following remedies are available to the city and may be imposed independently or in combination with each other at the discretion of the Building Official, unless. otherwise noted herein:

A. Maintenance of a URM building beyond the time specified in section 6.40 for completion of seismic retrofits to such building are hereby deemed to be a public nuisance and may be abated pursuant to the abatement procedures contained in the latest edition of the California Building Codes and the International Property Maintenance Code for Abatement of Unsafe Structures.

B. The city may seek injunctive relief on behalf of the public to enjoin a building owner's violation of this Article.

C. The city may withhold the issuance of any building permit and/or may suspend any existing building permits on the subject building unless otherwise authorized by the Building Official for emergency repairs.

D. The Building Official, after written notice to the owner, may revoke or suspend the occupancy permit for any structure for which the owner violates any of the provisions of this Article. The notice of revocation or suspension shall provide the owner the right to provide the Building Official with evidence that the occupancy permit should not be revoked or suspended either because the structure is not subject to the provisions of this Article or because the Building Official did not follow the provisions of this Article.

E. Any person violating any provision of this Article shall be guilty of a misdemeanor.

F. These remedies are not exclusive, and the City may utilize any other remedies available at law or equity.

Section 8.18-160 Recovery of Penalties.

A. The penalties imposed on the building owner shall be assessed against the real property subject to this Article and shall, in addition, be a personal obligation of the owner of the subject property. If the owner of a building is a group of individuals, firms, or other entities or any combination thereof, the obligation imposed by this section shall be joint and several. The Building Official shall give the owner of the building a written notice showing the amount of the penalty and requesting payment thereof. If the amount of such penalty is not paid to the city within thirty (30) days after the date of such notice, the Building Official shall forward a report of the penalties to the City Council for confirmation.
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B. The property owner shall be given at least ten (10) days written notice of the confirmation hearing before the City Council. The amount of the penalties shall be confirmed by the City Council, unless it finds, based upon evidence in the record, that the Building Official erred in imposing or in computing the amount of the penalty. If such error is found, it may modify the amount of the penalty, as warranted.

C. Upon confirmation of the penalty by the City Council, it shall direct the city clerk to record in the Office of the County Recorder of the County of San Bernardino, State of California, a certificate substantially in the following form, to wit:

NOTICE OF SPECIAL ASSESSMENT LIEN

Pursuant to Section 8-18.130, of the City of Ontario Municipal Code, the penalty of $ ________ was assessed by the Building Official, and confirmed by the Board of Appeals and the City Council, against the described real property and such amount has not been paid in full and the City of Ontario does hereby claim a special assessment lien upon the hereinafter described real property in said amount; the same shall be a lien upon the real property until such sum has been paid in full. The real property herein above mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of Ontario, County of San Bernardino, State of California, and particularly described as follows, to wit:

(Insert legal description of property and APN)

Dated

____________________________________
City Clerk
City of Ontario

Such lien attaches upon recordation of the Notice of Special Assessment Lien. The description of the parcel in the Notice of Lien shall be that used for the same parcel as the County Assessor's map book for the current year. The County Assessor shall enter each assessment on the County tax roll opposite the affected parcel of land. The amount of the assessment shall be collected and shall be subject to the same penalties and the same procedures for foreclosure and sale, in case of delinquencies, as provided for ordinary municipal taxes.

Section 8-18.170 Severability.

A. Internal conflict. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any 1866
specific case, different Sections of this Chapter specify different materials, methods of construction, or other requirements, the most restrictive shall govern.

B. Other laws. The provisions of this Chapter shall not be deemed to nullify any provisions of local, state or federal law.

C. Codes and references. The provisions of the codes and standards referenced in this Chapter shall be considered part of the requirements of this Chapter to the prescribed extent of each such reference. Where there are conflicts between provisions of this Chapter and the provisions of any referenced code or standard, the provisions of this Chapter shall apply.

SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or in effective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

SECTION 4. It can be see with cer tainty that none of the changes to the City of Ontario Municipal Code will have a significant adverse effect on the environment and is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines. In the alternative, the change to the City of Ontario Municipal Code are exempt from CEQA pursuant to CEQA Guidelines section 15301 as, at most, they could result in the repair, maintenance, or minor alteration of existing structures involving negligi ble or no expansion of existing or former use. Additionally, the City finds that none of the exceptions in CEQA Guidelines section 15300.2 have application here. Staff is directed to file a Notice of Exemption within five (5) days of the adopting of this Ordinance.

SECTION 5. The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

1867

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

1868

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held December 16, 2025 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1869

ORDINANCE NO. __________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ONTARIO, CALIFORNIA, ADDING PURSUANT TO AN EXEMPTION

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
CHAPTER 19 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE

PERTAINING TO MANDATORY SEISMIC STRENGTHENING

PROVISIONS FOR EXISTING WOOD -FRAME BUILDINGS WITH

SOFT, WEAK OR OPEN -FRONT WALL, AND MAKING FINDINGS
IN SUPPORT THEREOF.

WHEREAS, pursuant to Government Code Section 50022.1 et seq ., on November 15, 2022, the City of Ontario, California ("City") adopted by reference the 2022 Edition of the California Building Standards Code as provided in Titles 24 of the California Code of Regulations and other codes, including, without limitation, the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings; and

WHEREAS, the City Council desires to lessen the risk to life and property of the citizens of Ontario posed by wood -frame buildings with soft , weak or open -front walls; and

WHEREAS, older multi-unit residential wood frame buildings with soft, weak, open, or otherwise vulnerable lower stories are acknowledged to be among the most earthquake collapse-prone structures in Ontario; and

WHEREAS, the earthquake safety and post -earthquake recovery of housing is acknowledged as a goal of Ontario’s emergency response and recovery plan; and

WHEREAS, California Health and Safety Code Section 19160(m) encourages Ontario “to initiate efforts to reduce the seismic risk in vulnerable soft story residential buildings;” and

WHEREAS, the California Existing Building Code requires seismic retrofit only in exceptionally rare cases; and

WHEREAS, it is acknowledged to be in the best interests of Ontario’s building owners, commercial and residential tenants, and all residents to apply ret rofit standards that balance the benefits of reduced earthquake losses with the costs and disruptions of seismic retrofit; and

WHEREAS, the City Council has concluded that it wishes to implement Mandatory Seismic strengthening Provisions for Existing Wood-frame Buildings with Soft, Weak or Open-Front Walls; and

WHEREAS, the City held a public hearing on December 16, 2025, at which 1870

time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and

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

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby finds that:

A. California Health and Safety Code Section 19161(a) authorizes the City of Ontario to assess its earthquake hazard and to identify potentially seismically hazardous buildings; and

B. California Health and Safety Code Section 19161(b) requires such identification to be made by a licensed architect or civil engineer or by the staff of a local building department when supervised by a licensed architect or civil engineer; and

C. With reference to California Health and Safety Code Section 19162(b)(1), the California Building Standards Commission has published, but has not adopted, Chapter A4 of the 2016 California Existing Building Code, titled “Earthquake Risk Reduction in Wood -Frame Residential Buildings with Soft, Weak or Open Front Walls.” As such, the City of Ontario is free to adopt, modify, interpret, and apply Chapter A4; and

D. With reference to California Health and Safety Code Section 19162(b)(1), the California Building Standards Commission has adopted Chapter A4 of the California Existing Building Code, which allows a local jurisdiction to adopt standards for earthquake ev aluation and retrofit based on the national standard known as ASCE /SCI 41, titled Seismic Evaluation and Retrofit of Existing Buildings. APPENDIX A 24 Soft Story; and

E. FEMA has published a procedure known as FEMA P -807, titled, Guidance and Recommendations for the Seismic Evaluation and Retrofit of Multi -Unit Wood Frame Buildings with Weak First Stories (September 2023), with model code provisions in its Appendix B. With reference to California Health and Safety Code Section 19163(b), the City of Ontari o may adopt these provisions with an appropriate performance objective as “substantially equivalent standards” relative to CEBC Chapter A4 or ASCE 41; and

F. California Health and Safety Code Section 19161(a)(2) identifies the buildings that are the subject of this ordinance as “potentially hazardous buildings.” California Building Code Section 1.1.8.1 states that local ordinances and mitigation programs for such buildings are exempt from making express findings otherwise required by California Health and Safety Code Section 19163(b) citing Section 17958.5 and Section 17958.7.

1871

SECTION 2. Mandatory Seismic Stre ngthening Provisions for Existing Wood-Frame Buildings with Soft, Weak or Open -front Walls , is added to read as follows:

Section 8-19.010 Purpose.

The provisions of this Chapter are intended to promote the public welfare and safety by reducing the risk of death or injury that may result from the effects of earthquakes on existing wood -framed multi-story buildings with Soft, Weak or Open -Front Walls.

Generally, this type of structure consists of partial tuck-under parking on the first-floor level with living space on the floors above. In past earthquakes many of these types of structures have performed poorly and collapsed causing loss of life, personal injury, and substantial property damage. This Chapter creates minimum standards intended to reduce the risk of collapse and improve the performance of these buildings during earthquakes, but not necessarily prevent the loss of life, injury and damage to property.

Section 8-19.020 Applicability.

The provisions of this Chapter shall apply to all existing buildings of wood-frame construction, or wood-frame portions thereof, where:

A. A permit for construction of a new building was applied for on or before January 1, 1978, or if no permit can be located, the structure is determined by the Building Official to have been built under building code standards enacted prior to January 1, 1978; and

B. The ground floor portion of the structure contains parking or other similar open floor space that causes soft, weak, open-front wall lines, and there exist one or more stories above.

Exceptions:

C. The provisions of this chapter shall not apply to single family residences.

D. The provisions of this Chapter shall not apply to ground floor or basement concrete podium levels where a rigid concrete diaphragm exist, however the first wood frame story above the podium shall be subject to the provisions of this chapter where a soft, weak, or open front walls exist.

E. Notwithstanding any provision of the Building Code, compliance with this Chapter shall not require existing electrical, plumbing, mechanical or fire-safety systems to be altered to comply with the current Building Code unless they constitute a hazard to life or property as determined by the Building Official.

Section 8-19.030 Definitions.

Notwithstanding the applicable definitions, symbols and notations in the Building 1872

Code, the following definitions shall apply for the purposes of this Chapter:

Building Code is the current Building Code of the City of Ontario.

Cripple Wall is a wood-framed stud wall extending from the top of the foundation wall to the underside of the lowest floor framing.

Ground Floor is any floor within the wood -frame portion of a building whose elevation is immediately accessible from an adjacent grade by veh icles or pedestrians. The ground floor portion of the structure does not include any floor that is completely below adjacent grades.

Historical Building is any building designated as a "qualified historical building" as defined in Part 8, Title 24 of the California Code of Regulations (also referred to as the “California Historical Building Code”).

Notice to Owner means the letter sent by the City to Owner, via certified mail to the address on title of the property, which advises Owner of the retrofit requirement.

Open-Front Wall Line is an exterior Wall Line, without vertical elements of the lateral force-resisting system, which requires tributary seismic forces to be resisted by diaphragm rotation or contains an excessive cantilever beyond parallel lines of shear walls. Diaphragms that cantilever more than 25 percent of the distance between tines of lateral force resisting elements from which the diaphragm cantilevers shall be considered excessive. Diaphragm cantilevers or exterior balconies of 6 feet or less in width shall not be considered excessive cantilevers.

Owner or Building Owner is the individual(s), firm, corporation, trust or entity in whom the title to such property is vested.

Person means an individual, partnership, corporation or assoc iation of any of the foregoing.

Retrofit is an improvement of the lateral force resisting system by alteration of existing structural elements or addition of new structural elements.

City Seismic Design Guidelines are framework guidelines developed by th e Building Official which are intended to calibrate, delineate and detail technical requirements to be used for the retrofitting of buildings subject to this Chapter.

Soft Wall Line is a deficiency in a Wall Line in which the lateral stiffness is less than what is required by story drift limitations and deformation compatibility requirements of this Chapter. In lieu of the engineering analysis required by this Chapter to determine whether a wall line's lateral stiffness is less than the aforementioned story drift limitations and deformation compatibility requirements, a Soft Wall Line deficiency may be defined as a Wall Line in a Story where the wall stiffness is less than 70 percent of the stiffness of the exterior wall above for the direction under consideration.
1873

Story is as defined in the Building Code but includes any basement or under- floor space of a building with Cripple Walls exceeding four feet in height.

Story Strength is the total strength of all seismic -resisting elements sharing the same Story shear in the direction under consideration.

Wall Line is any length of a wall along a principal axis of the building used to provide resistance to lateral loads.

Weak Wall Line is a deficiency of a Wall Line at the Ground Floor in which the wall strength is less than 80 percent of the strength of the wall above in the direction under consideration.

Section 8-19.040 Compliance Requirements.

The Owner of each building subject to the provisions of this Chapter shall cause an investigation of the existing construction and a structural analysis to be performed on the building by a Registered Civil or Structural Engineer licensed in the State of California and if the building does not meet the minimum standards specified in this Chapter, the Owner shal l cause it to be structurally altered to conform to such standards.

Each applicable building within the scope of this Chapter which has been analyzed to demonstrate compliance or has been structurally altered to comply with the minimum standards in this Chapter shall be maintained in conformity with the requirements of this Chapter in effect at the time of structural alteration.

Section 8-19.050 Time Period for Compliance/Priority Designation.

A. Plan Permits and Construction. Each building within the scope of this Chapter shall be structurally altered to comply with the minimum standards in this Chapter within the time periods shown in Table A. Minimum plan requirements shall be as specified by the Building Official.

B. Screening Form. Within the time limits allowed in Table A, if the Owner of any building believes he/she is not subject to the provisions of this Chapter, Owner shall submit a screening form to the Building D epartment. The Screening Form shall be completed by a licensed civil or structural engineer and shall state whether the structure conforms to the earthquake design provisions contained in this Chapter Retrofit of said building shall not be required if Screening Form determines that the structure conforms with the earthquake design provisions of this Chapter, as determined by the Building Official. Retrofit of said building shall be required if Owner fails to submit the Screening Form within the time limit specified in Table A or if the Screening Form determines that the structure does not con form with the design requirements of this Chapter. The requirement for said retrofit is not appealable if the Screening Form states that the structure does not conform to the earthquake design provisions contained in this Chapter. 1874

TABLTABLE A

TIME PERIOD FOR COMPLIANCE
Required Action By Owner

Risk
Level
Submit Structural
Assessment
Plan & Obtain
Permit
Complete
Construction
High Risk 9 months from
Notice to Owner
9 months from
Structural Assessment
submittal
18 months from
plan/permit
approval
Medium
Risk
12 months from
Notice to Owner
12 months from
Structural Assessment
submittal
24 months from
plan/permit
approval
Low Risk 18 months from
Notice to Owner
12 months from
Structural Assessment
submittal
24 months from
plan/permit
approval

C. Priority Designations. The Building Official shall prioritize enforcement of this Chapter as defined in Table B.

Section 8-19.060 Administration.

A. Issuance of Notice to Owner. The Building Official shall, in accordance with the priorities set forth in Table B, issue a Notice as provided in this Section to the Owner of each building that is expected to be within the scope of this Chapter.

B. Contents of Notice to Owner. The Notice to Owner shall be addressed to the Owner as shown on the last equalized San Bernardino County assessment roll of the building. The Notice to Owner shall specify that the building has been determined by the Building Official to be within the scope of this Chapter and, therefore, is required to meet the standards of this Chapter.

TABLE B

PRIORITY DESIGNATION

Risk Level Description
High Risk
Parcels containing buildings with 3 or more stories, or containing 25 or more dwelling units total, or qualified historic buildings (any size or number of units)
Medium
Risk Parcels containing 10 to 24 units total
Low Risk All parcels containing non-historic, 2-story buildings with 2 to 9 units total
1875

C. Service of Notice to Owner. Proper service of a Notice to Owner shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. The designated period within which the Owner is required to comply with such Notice to Owner shall begin as of the date Notice to Owner is mailed via certified mail/regular mail.

D. Notice of Pendency. A Notice of Pendency shall be recorded against any property containing a building that is expected to be within the scope of this Chapter. Such Notice shall remain in effect until compliance with this Chapter is achieved, as determined by the Building Official.

E. Failure to Receive Notice to Owner. Failure of any Owner, party concerned or other person to receive such Notice to Owner shall not affect the validity of any proceedings taken thereunder.

F. Extensions. With the exception of the 1-year period to submit the Screening Form, the Building Owner may request an extension to the time period for compliance with the timelines set forth in Table A of section 14.08.050. The Building Owner has the burden of proof to establish with substantial evidence that he or she is unable to continue work within the time required by this section due to circumstances beyond the control of the permittee. The written request must demonstrate that:

1. Due to circumstances beyond the owner's or permittee's control, construction could not be commenced, continued or completed in the authorized time period; or

2. If the construction has started, substantial progress has been made; or

3. If construction has started, the condition of the property presents no health or safety hazard; or

4. The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to the neighboring property owners; or

5. Due to unforeseen conditions, as deemed appropriate by the Building Official, construction could not be commenced, continued or completed in the authorized time period.

The Owner must also provide a new proposed schedule for compliance, and plan to comply with the provisions of this chapter during that timeframe. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months.

G. The Building Official may promulgate implementing regulations and policies 1876

consistent with this Chapter, as approved by the City Manager.

Section 8-19.070 Occupancy and Tenant Advisory.

Notification to Tenants and Occupants. The Owner shall advise all current and prospective residential and non-residential tenants, subtenants, lessees, sublessees, or any other person(s) entitled to the use and/or occupancy of the building of a proposed project submitted pursuant to this Chapte r. The notice sha ll include the information for the project, as determined by the City, including the scope of work, expected duration, and contact information for a representative of the contractor. Proof of written notification is required to be kept by the Owner and made availabl e to the City upon request at any time until such permit is final, and construction is completed.

Section 8-19.080 Historical Buildings.

Nothing in this chapter shall exempt historic buildings from compliance with the intent and purpose of this Chapter. Qualified historic buildings shall comply with requirements of the Historical and Existing Building Code established under Part 8, Title 24 of the California Code of Regulations.

Section 8-19.090 Minimum Standards.

A. Potentially hazardous buildings shall be retrofitted in conformance with one of the following engineering criteria:

1. 2012 edition of the International Existing Building Code (IEBC) Appendix Chapter A-4; or

2. ASCE 41-06, Seismic Rehabilitation of Existing Buildings, using a performance objective of S-5 (Collapse Prevention) in the BSE-C earthquake; or

3. ASCE 41-13, Seismic Evaluation and Rehabilitation of Existing Buildings, using a performance objective of S-5 (Collapse Prevention) in the BSE -2E Earthquake; or

4. FEMA P -807, Seismic Ev aluation and Retrofit of Multi -Unit Wood -Frame Buildings With Weak First Stories, as a pre -approved "substantially equivalent standard" under procedures of CBC Section 104.11 for Alternative Materials, Design and Methods of Construction, and with a retrofi t objective as established by the Building Official; or

5. Subject to the project specific approval by the Building Official, the 2003 edition of the International Existing Building Code (IEBC) Appendix Chapter A -4, for buildings with Seismic Engineering Evaluation Reports submitted prior to January 1, 2014, that (i) include structural design calculations and construction documents demonstrating conformance to Chapter A4 of the 2003 IEBC; and (ii) are suitable for building permit submittal.
1877

B. Work above the Ground Floor: Regardless of which standard is selected, this Chapter does not require retrofit actions above the Ground Floor and the floor diaphragm immediately above it.

Section 8-19.095 Reduction in Parking and Non -Compliance with Development Standards.

Notwithstanding any other provisions of this Code to contrary, approved retrofits that result in deviations from development standards shall be permitted. All deviations shall be approved by the Building Official and Zoning Administrator.

Section 8-19.100 Information Required on Plans.

A. General. The plans and specifications required by the Building Official shall be of sufficient clarity to indicate the nature, design methodology, and extent of the proposed work and to show in detail that it will conform to the provisions of this Chapter and the Building Code.

B. Engineers Statement. The responsible engineer shall provide the following statement on the approved plans:

"I am responsible for designing this building's seismic strengthening in compliance with the minimum standards of the Mandatory Seismic Strengthening Provisions for Existing Wood Frame Buildings with Soft, Weak or Open-Front Walls (Chapter 8-19.090)."

C. Owner or Owner's Representative Statement. Unless the entire building has been retrofitted to meet the full intent of the current Building Code, the Owner shall provide and sign the following statement on the cover of the drawings:

I, [Owner Name(s)], und erstand the seismic evaluation and strengthening performed under this project is limited to that specified in the Mandatory Seismic Strengthening Provisions for Existing Wood Frame Buildings with Soft, Weak or Open -Front Walls (Chapter 8 -19) which is intended to reduce the risk under a seismic event. I understand the full building, has not been evaluated nor strengthened for other potential structural deficiencies that may cause a life safety concern, injury, or property damage risk under a seismic event.”

D. Quality Control and Assurance Requirements. General notes shall show the requirements for material testing, special inspection, structural observation and the proper installation of newly added materials.

Section 8-19.110 Quality Assurance.

A. Structural Observation. All structures regulated by this Chapter require structural observation during construction. The Owner shall employ the Engineer of Record responsible for the structural design, or another registered Engineer designated by 1878

the Engineer of Record to perform structural observation as defined in the Building Code.

B. Special Inspection. Special inspections shall be provided as required by the Building Code. Additional inspections shall be noted on drawings as required by Building Official.

Section 8-19.120 Violation/Penalty.

A. Violation. It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Chapter. A building that is found to be within the scope of this Chapter and is not brought into compliance in the time frame indicated in Table A, shall be declared unsafe and subject to the requirements of the currently adopted Building Code.

B. Penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000, (one thousand dollars) or by imprisonment for not more than six months, or by both such fine and imprisonment.

The provisions of this section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Chapter.

C. Recordation of violation. If (A) the Building Official determines that any property, building, or structure, or any part thereof is in violation of any provision of this Chapter; and if (B) the Building Official gives written notice as specified below of said violation; then the Building Official may have sole discretion to, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Chapter. The remedy provided by this section is cumulative to any other enforcement actions permitted by this Chapter.

D. Notice. The written notice given pursuant to this Section shall indicate:

1. The nature of the violation(s); and

2. That if the violation is not remedied to the satisfaction of the Building Official, the Building Official may, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Chapter. The notice shall be posted on the property and shall be mailed to the Owner of the property as indicated on the last equalized County Assessment roll. The mailed notice may be by registered, certified, or first-class mail.

E. Costs. Any person that has violated any provision of this Chapter sha ll be 1879

responsible for the costs of any and all Code Enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified by the current fee schedule.

Section 8-19.130 Severability.

A. Internal conflict. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different Sections of this Chapter specify different materials, methods of construction, or other requirements, the most restrictive shall govern.

B. Other laws. The provisions of this Chapter shall not be deemed to nullify any provisions of local, state or federal law.

C. Codes and references. The provisions of the codes and standards referenced in this Chapter shall be considered part of the requirements of this Chapter to the prescribed extent of each such reference. Where there are conflicts between provisions of this Chapter and the provisions of any referenced code or standard, the provisions of this Chapter shall apply.”

SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or in effective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

SECTION 4. It can be see with certainty that none of the changes to the City of Ontario Municipal Code will have a significant adverse effect on the environment and is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines. In the alternative, the change to the City of Ontario Municipal C ode are exempt from CEQA pursuant to CEQA Guidelines section 15301 as, at most, they could result in the repair, maintenance, or minor alteration of existing structures involving negligible or no expansion of existing or former use. Additionally, the City finds that none of the exceptions in CEQA Guidelines section 15300.2 have application here. Staff is directed to file a Notice of Exemption within five (5) days of the adopting of this Ordinance.

SECTION 5. The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certi fied 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.
1880

1881

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

1882

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

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

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1883
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115
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109
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315
151153155157159161163165
150152154156158160162164
400402404406408410
409
460462464
220
280
500
506
225
437 666
-
635
121
117
207
215
217
115-123
210
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412414
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153
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456458
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314312310308306304302300
364362360358
398
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542 546
536 538
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316
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123 203
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103105107
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322
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316
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415/425
120
325
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101
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313
415
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218
123
622 117
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311
315
104
110108106
313
305303
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331
333
301
150
150
516
212
520
516
502
511 505
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508
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324
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218220
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270 280
220230240
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131
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550
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214
505
647
620
155
530
558
381
331
518
309
201
215
217
311
212
F ST
B ST
D ST
E ST
C ST

FLORA ST

HOLT BL

MAIN ST

EUCLID AV

TRANSIT ST

NOCTA ST
LEM
O
N AV

EMPORIA ST
PLUM
AV

FERN AV

SULTANA AVPALM
AV
CAM
PUS AV

CHERRY AV

VESTA ST

VINE AV
M
ELRO
SE AV

PLEASANT AV

HOLT BL

VINE AV

MAIN ST
D ST

VINE AV
PLUM
AV
E ST

D ST D ST

EUCLID AV
D ST
E ST
F ST

EMPORIA ST

HOLT BL
E ST
F ST
D ST
C ST
B ST

VINE AV
C ST

HOLT BL
B ST

D STD ST
E ST
F ST

D ST D ST

HOLT BL

EMPORIA ST

MAIN ST

EUCLID AV

EMPORIA ST
D ST
LEM
O
N AV

EUCLID AV

HOLT BL
E ST

FERN AV
F ST
E ST
LEM
O
N AV

VINE AV
B ST

HOLT BLHOLT BL HOLT BL
C ST

EUCLID AV
PALM
AV
D ST
E ST
PLUM
AV
CAM
PUS AV

EUCLID AV

MAIN ST

EUCLID AV
F ST

MAIN ST
LEM
O
N AV
B ST

FERN AV

VINE AV

F ST F ST

EUCLID AV

EUCLID AV

MAIN ST
C ST
E ST
C ST

EUCLID AV
D ST
Legend
Unreinforced Masonry Building
Streets
N
URM Buildings/Properties
1884
1320
1429 1456
1230
1201
1098
1125
1411
1220
1340
1150
1117 1211
1116
1212
1206
1245
1132
1244
1405
1208
1155
1156
1126
1347
1128
1141
1112
1316
1360
1336
1133
1327
1309
1351
1138
1148
1137
1512
1450
1451
1212
1314
1103
1448
1350
1135
1444
1336
1111
1228
1421
1122
1359
1123
1416
1358
1233 1303
1122
1246
1322
1445
1118
1513
1236
1435
1340
1242
1130
1118
1528
1439
1516
1345
1517
1404 1403
1421
1357
1339
1315
1409
1424
1529
1522
1346
1334
1120
1360
1410
1321
1416
1202
1152
1415
1344
1142
1333
1306
1454
1354
1352
1250
1356
1350
1412
1426
1328
1523
1434
1442
1344
1406
1346
1402
1339
1214
1356
1427
1210
1153
1202
1335
1343 1343
1315
1341
1309
1332
1344
1117
1209
1335
1115
1106
1430
1424
1421
1336
1401
1220
1146
1436
1140
1134
1129
1208
1321
1411 1140
1115
1147
1231
1134
1203
1216
1420
1128
1235
1217
1320
1316
1223
1354
1336
1326
1352
1327
1350 1349
1407
1121
1310
1335
1146
1343
1127
1353
1126
1222
1347
1337
1349
1354
1321
1331
1348
1344
1351
1349
1357
1342
1353
1141
1350
1363
1148
1104
1115
1104
1110
1116
1130
BA
1109
1353
1128
11341122
1408
1406
1141
1139
1088
1086
1094
1092
1090
1096
AM
ADO
R AV

SIXTH ST

FIFTH ST
I-10 FWY E.B.

G
RO
VE AV
VIRG

INIA AV
VIRG

INIA AV

PARKSIDE AV

PRINCETON ST
I-10 FWY W.B.

Date: 12/10/2025
1919-1937
1655
1941- 1957
1801
1140 1939
502
1903
622
924
1221
1221
1670
1820
429
514
794
1909
1035
1890
1885
1841
1864
1851
1733
1221
1249
1959
1802
1880
1891
1885
1559
1725
854
1672
1679
1685
1635
950
1719
1693
1682
914
935
908
932
1822
1822 1821
951
919
1821
815 949
824
645
608
840
608
643
637
608
846
620 619
1616
607
630
638
1750
950
646
1237
607609
644
810
851
824
631
845
615
631
638
643
738
644
818
708
637
752
802
632
832
623
625 627
614 613613
638
631
637
941
626
1750
760
619
1749
614
746
632
626
1749
702
18721866
730
720
927
1646
1735
620
924
614
915
601
714
944
1255
1645
947 1736
923
923
839
1875
924
1717
1647
917
1773
1895
1816
854
857
1674
1691
1849
1646 1223
1755
833
1761
1673
953
827
1205
848
828
923
1205
918
853
1855
1676
931
1779
1718
930
842
1685
1723
1661
1667
1711
1804
1675
1815
1679
1809
942
851
949
1815
1730
1804
1644
1038
1840
923
1903
1789
1553
941 954
953
918
1803
1886
821 1880
938
1773
1803
1699
17741774
1686
947
858
845
839
1217
912
1830
1706
1694
1705
17801779
852
1712
863
1687
1705
1809
1664
1816
1700
1692
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1750
846
1767
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951
1711
1768
1698
1706
906918
1015
1668
1767
1810
1682
1652
1676
1693
917
834
1704
1302
1705
1651
1675
1761
935
1762
955
1729
1663 1664
1650
905
1656
857
936
840
859860
1780
1712
966
960
948
1663
1768
1762
1718
1669
1834
1711
933
924
950
1717
1687
1680
1755
1694
959
929
941
1622
1706
941
1714
1640
1688
954
1651
1756
945
938
911
1699
1693
1810
1670
1711
943
1211
1756
935
1868
1718
1055
1699
864
1657
948
1251
1776
1658
1717
1885
1666
1828
935
1827
1723
956
1827
1243
906
1846
1862
948
905
1652
1658
1018
924
1688
1806
936
1728
1682
917
939
930
1681
1885
947
1657
1850
929
944
1724
1756
911
1905
905
911
1856
1670
1828
1800
953
1874
1820
1724
912
1700
1712
1669
1762
1814
864
942
847
965
1852
1026
1044
1032
1945
1723
1841
1828
942
1925
1900 1910
1770
1834
863
1915
1255
1876
1965
1955
914
1864
863
954
1935
1870
1833
1921
1909
930
1888
1995
1985
1628
1674
1833
918
1858
1927
1834
1915
1217
1231
1878
1699
1865
1882
1237
1873
1642
833
1698
1896
1757
1033
1871
1853
1859
1762
1654
1243
1865
1027
1802
1793
1016
1022
1879
1892
1759
1714
1211
1877
1715
1740
1750
1802
1732
1015
1783
1849
1843
1825
1776
1775
1636
1015
1814
1859
1880
1009
1847
2011
1249
1019
1002
1008
1003
1662
1668
1223
1648
1027
1033
1771
1738
1041
1021 1024
1820
1045
1811
1774
1778
1862
1036
1706
1718
1762
1045
1039
1760
1021
1003
1752
1743
1837
1777
1743
1844
1737
1676
1709
1808
1850
1702
1801
1018
1716
1006
1022
1726
1844
1680
1015
1875
1811
1021
1874
1862
1744
1003
1720
1009
1849
1755
1869
1817
1021
1009
1015
1725
1015
1715
1754
1024
1832
1726
1868
1012
1728
1781
1801
1749
1710
1724
1010
1774
1704
1722
1734
1748
1857
1686
1692
1005
1826
1805
1769
1831
1808
1816
1834
1009
1712
1812
1696
1777
1756
1795
1843
1811
1003
1763
1856
1738
1828
1819
1695
1856
1731 1732
1744
1011
1805
1703
1814
1838
1600
1820
1721
1707
1805
1012
1691
1723
1650
1022
1840
1768
1018
1713
1012
1737
1701
1719
1749
1761
1018
1725
1817
1782
1706
1746
1015
1009
1004
1016
1006
1837
1787
1685
1794
1733
1004
1788
1731
1758
1003
1822
1691
17801750
1743
1850
180217901780
1806
1786
1796
1755
1849
1865
1881
1903-2059
1845
1625
1725-1739
1821
1833
1850
540
1651
1665
1635
1645
1673
1675
1637
1647 1667
1655
1671
1677
1653
1705
1657
1661
1663
1681
1695
1715
1725
1641
1643
1735
1906
1956
1950
1932
1924
19541952
1902
1908
1904 1922 1948
1912
1926 1928
1910 1930
1902-2060
1639
1641
1647
1671
1669
1665
1679
1673
1657
1643
1659
1645
1649
1653
1667
1677
1661
1651
1655
1675
1663
1723
1719
1706
1704
446
1746
505
516
511
1720
1717
1703
1714
440438441 437
442 444447
1770
1749
508506509
520519
1718
1722
1724
1702
1701
433
439
17901754
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1904
2000
1900
I-10 FWY E.B.

I-10 FWY W.B.

I-10 E/B OFF RAMP
JAY ST
G ST

FOURTH ST
I ST
G ST
1702
1601
1560
104
1507
213
225
131
1652
125
205
1658
1650
219
1637
119
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119
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215
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210
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214
202
273
220
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105
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15141512
1632
1642
1638
1634
1640
1636
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109

EUCLID AV

LOCUST ST

DE ANZA CI

LAUREL AV

EUCLID AV

EUCLID AV

EUCLID AV

LOCUST ST

EUCLID AV

EUCLID AV

LOCUST ST

LAUREL AV
555
541
535
720
532
415
513
521
407
544
546
632
422
500
613
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600
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528
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551
625
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530 527
561
557
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535
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542
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420
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558
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415
626
609
527
616
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622
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543
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422
416
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418
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630
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603
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614 613
610
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317
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427
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512
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528
313
633
501
511
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564
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559
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610
432
608
511
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421
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563
628
523
501
503
547
423
521
409 409
620
558
381
518
D ST
F ST
E ST
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EL MORADO CT

SULTANA AV

G STG ST
F ST
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EL MORADO CT
E ST
D ST
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648
535
320
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328
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323
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313
216
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317
510
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328 330
332334336
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233
340
322
316
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153
154 613619635641653
542 546
536 538
554
552 550
316
221
219
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202
204
206
317
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311
313
325
331333329
327
337
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316
310
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222
228
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312
320
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424
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330
322
328
324
520
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221
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521
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305
229
405
404
223
309
423
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415417
425423421419
516 505
530
719
215
217
D ST
G ST
I ST

D ST D ST
1021
950
430
112
943
1031
144
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221
308
154
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129
152
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106
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122
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216
314
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1058
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1128 1127
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1116
1121
1110
1122
1005
1111
1006
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1053
D ST
B ST

BROOKS ST

HOLLOWELL ST

HOLT BL

VESTA ST
M
O

UNTAIN AV
PALM
ETTO
AV

PINYON CT

HOLT BL HOLT BL
M
O

UNTAIN AV
M
O

UNTAIN AV
D ST

BROOKS ST
M
O

UNTAIN AV

BROOKS ST
1302
1025
811
746
939
965
955
509
515
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511
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1025
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963
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967
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1126 1126
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1108
1132
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1120
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1126
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1000
920
980
930
940
1050
1008
1010
1020
1036
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1129
951
955
957
959
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1024 1016
1014
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10081006
1024
1009
1019
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1018
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1021 1015
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10261023
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1010 10041022
1027
1011
1007
1049
1047
1051
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J ST
G ST
M
O

UNTAIN AV
PALM
ETTO
AV
M
O

UNTAIN AV
I ST
PALM
ETTO
AVG ST
M
O

UNTAIN AV
945
917
939
117
923
126
951
957
1012
1019
1022
113 116
936
1007
1004
956
210
1003
1055
200
209
125
131
1049
204
126
203204
132
127
204
942
944
131
207
125122
208
126 127
123
208
205
207
130
204 203
1102
131
203
208
118
122
10451047
1043
116
1056
118
10251027
938 940
J ST

PLAZA SERENA ST

FOURTH ST

ROSEWOOD CT

EUCLID AV
J ST

EUCLID AV

FOURTH ST FOURTH ST

ROSEWOOD CT

EUCLID AV

EUCLID AV

FOURTH ST

EUCLID AV
Legend
Soft Story Building
Streets
N
Legend
Soft Story Building
Streets
N
Legend
Soft Story Building
Streets
Legend
Soft Story Building
Streets
N N
Legend
Soft Story Building
Streets
N
Legend
Soft Story Building
Streets
N
Soft Story Buildings/Properties
Legend
Soft Story Building
Streets
N
Legend
Soft Story Building
Streets
N
1885
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, AUTHORIZING THE BUILDING OFFICIAL TO WAIVE

CITY BUILDING DEPARTMENT PERMIT FEES FOR THE SEISMIC

RETROFITTING OF HIGH-RISK UNREINFORCED MASONRY (URM)

AND SOFT-STORY STRUCTURES

WHEREAS, the City is committed to supporting URM and Soft Story Ordinances that aims to improve public safety, protect property and enhance the City’s resilience in the face of future earthquakes; and

WHEREAS, staff has requested a waiver of Building Department permit fees for the retrofit of High -Risk URM and Soft -Story structures. High -Risk structures are those that pose an elevated threat to public safety. High-Risk URM structures include buildings with multi-family occupancies and public facilities. High-Risk Soft-Story structures include parcels containing buildings with 3 or more stories, or containing 25 or more dwelling units total, or qualified historic buildings (any size or number of units); and

WHEREAS, the City Council finds that the proposed waiver of Building Department fees will serve the public interest by improving public safety, protecting property, and strengthening the City’s resilience against future earthquakes; and

WHEREAS, the waiver of such fees will not adversely impact the City’s ability to provide essential services and is consistent with the City’s policies and goals; and

WHEREAS, the City Council has determined that granting this waiver serves a valid public purpose and is in the best interest of the residents and business community of Ontario; and

WHEREAS, the City Council previously established fees, rates, and charges ("Fees") for specified Building Department Services; and

WHEREAS, the City Council previously approved and adopted Resolution No. 2004-065 dated June 21, 2004, which updated and modified certain Fees from prior resolutions and incorporated them into a document titled "Schedule of Service Fees" for ease of reference; and

WHEREAS, certain Fees under Resolution No. 2004-065 have been updated and modified by ordinance and resolution over the subsequent years (the most recent being Ordinance No. 3295 dated February 4, 2025, and Resolution No. 2025 -060 dated June 18, 2025); and

WHEREAS, pursuant to the provisions of the California Constitution, the laws of the State of California, and City ordinances, the City of Ontario is authorized to adopt , 1886
waive and implement fees and charges for certain municipal services, provided the same do not exceed the estimated reasonable cost of providing such services; and

WHEREAS, on December 16, 2025, the City Council approved an Ordinance adding Chapter 18 of Title 8 of The Ontario Municipal Code Pertaining to a Seismic Safety Mitigation Program for Unreinforced Masonry Buildings (URM); and

WHEREAS, on December 16, 2025, the City Council approved an Ordinance adding Chapter 1 9 of Title 8 of The Ontario Municipal Code Pertaining to mandatory Seismic Strengthening provisions for existing wood -frame buildings with soft, weak or open-front wall (Soft Story); and

WHEREAS, the City held a public hearing on December 16, 2025, the City Council of the City of Ontario conducted a hearing to consider the waiving of City Building Department permit fees for the retrofit of High -Risk URM and Soft -Story structures and concluded said hearing on that day; and

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

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Approval of Fee Waiver. The City Council hereby adopts this Resolution approving and authorizing the Building Official to waive City Building Department permit fees for retrofit building plans submitted for High -Risk Unreinforced Masonry (URM) and Soft-Story structures. Citywide Fee Schedule effective July 1, 2025:
the Building Fees to be waived include Building Plan Check Fee No. 1 and Building Permit Fees Nos. 9 through 20. This fee waiver shall take effect on the date of adoption of this Resolution.

Section 2. The Mayor shall sign this Resolution, and the City Clerk shall certify as to its adoption.

1887

PASSED, APPROVED, AND ADOPTED this ___ day of ___________ 20___.

_____________________________________
PAUL S. LEON
MAYOR

ATTEST:

________________________________

SHEILA MAUTZ

CITY CLERK

APPROVED AS TO LEGAL FORM:

________________________________

BEST BEST & KREIGER LLP

CITY ATTORNEY

1888

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2025- was duly passed and adopted by the City Council of the City of Ontario at a regular meeting held December 16, 2025 by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2025- duly passed and adopted by the Ontario City Council at a regular meeting held December 16, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)
1889
Department: Financial Services
Prepared By: Stephanie Castro
Department: Financial Services
Prepared By: Stephanie Castro
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

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

SB165 LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY REPORT FOR FISCAL YEAR ENDED JUNE 30, 2025

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council accept the City of Ontario's SB165 Local Agency Special Tax and Bond Accountability Report (unaudited) for Fiscal Year Ended June 30, 2025.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

There is no direct fiscal impact associated with these actions. T he SB165 Local
Agency Special Tax and Bond Accountability Report (unaudited) are required by California statue to be presented to the City Council for informational purposes only. The reports include a summary of the activities on the Community Facilities District (CFD) funds for the respective fiscal year.

BACKGROUND & ANALYSIS:

SB165 Report
:

Senate Bill (SB) 165 enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”) which requires local agencies that have imposed special taxes or issued bond measures subject to voter approval report annually on the amount of funds collected and expended. This report must contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act applies to special tax measures and bonds issued on or after January 1, 2001, in accordance with Sections
§
50075.1,
§
50075.3,
§
53410, and
§
53411 of the
California Government Codes.

The SB165 Local Agency Special Tax and Bond Accountability Report for Fiscal Year Ended June 30, 1890
2025, consists of three sections (unaudited). The first section reports on all of the Services CFDs and provides the amounts of special taxes collected, actual administration costs, and special districts cost of services for the referenced year, per CFD. The second section reports on all the Facilities CFDs and provides the amounts of special taxes collected, actual administration costs, and any interest and principal payments for the referenced year, per CFD. In addition, this section also provides additional information regarding the original funding sources and usage of bond proceeds, ending balances as of June 30, 2025, for improvement and other accounts held at the trustee, and project status, per CFD. The third and final section reports on each Services and Facilities Combination Districts and provides all of the information listed in the above two sections per CFD.

Some of the requirements of the Act are handled at the formation of the Community Facilities District or Bond Issuance and others are handled through annual reports. This report intends to comply with Sections 50075.3 and 53411 of the California Government Codes. 1891

City of Ontario
SB165
Local Agency Special Tax and Bond
Accountability Report
(Unaudited)
Fiscal Year Ended June 30, 2025

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Table of Contents
SB165: LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT ................................................................ 4 ONTARIO SERVICES CFDS ....................................................................................................................................... 6 CFD NO. 9 EDENGLEN ................................................................................................................................................. 7 CFD NO. 10 ONTARIO AIRPORT TOWERS ......................................................................................................................... 8 CFD NO. 19 COUNTRYSIDE PHASE I - SERVICES ................................................................................................................. 9 CFD NO. 20 WALMART .............................................................................................................................................. 10 CFD NO. 21 PARKSIDE ................................................................................................................................................ 11 CFD NO. 23 PARK PLACE SERVICES .............................................................................................................................. 12 CFD NO. 27 NEW HAVEN SERVICES .............................................................................................................................. 13 CFD NO. 32 ARCHIBALD/SCHAEFER - SERVICES .............................................................................................................. 14 CFD NO. 37 PARK & TURNER NE SERVICES .................................................................................................................... 15 CFD NO. 44 ESPERANZA SERVICES ................................................................................................................................ 16 CFD NO. 47 COLONY COMMERCE CENTER WEST I SERVICES ........................................................................................... 17 CFD NO. 48 TEVELDE SERVICES .................................................................................................................................... 18 CFD NO. 49 AVENUE 176 SERVICES ............................................................................................................................. 19 CFD NO. 50 WEST ONTARIO LOGISTICS CENTER SERVICES ............................................................................................... 20 CFD NO. 51 ONTARIO RANCH LOGISTICS CENTER SERVICES ............................................................................................. 21 CFD NO. 58 COLONY COMMERCE CENTER EAST SERVICES .............................................................................................. 22 CFD No. 59 Gateway Services ...........................................……………………………………………………………23 CFD NO. 60 ONTARIO RANCH BUSINESS PARK SERVICES .................................................................................................. 24 CFD NO. 61MERRILL COMMERCE CENTER SERVICES ....................................................................................................... 25 CFD NO. 62 ONTARIO COMMERCE CENTER .................................................................................................................. 26 CFD NO. 68 RICH HAVEN INDUSTRIAL SERVICES ............................................................................................................. 27 SUMMARY OF SERVICES COMMUNITY FACILITIES DISTRICTS ................................................................................................... 28

ONTARIO FACILITIES CFDS .................................................................................................................................... 29 CFD NO. 13 CALIFORNIA COMMERCE CENTER - PHASE IV ............................................................................................... 30 CFD NO. 24 PARK PLACE FACILITIES PHASE 1 ................................................................................................................. 32 CFD NO. 25 PARK PLACE FACILITIES PHASE II ................................................................................................................. 34 CFD NO. 26 PARK PLACE FACILITIES PHASE III ................................................................................................................. 36 CFD NO. 28 NEW HAVEN FACILITIES – AREA A ............................................................................................................... 38 CFD NO. 30 NEW HAVEN FACILITIES – AREA B ............................................................................................................... 40 CFD NO. 33 ARCHIBALD/SCHAEFER - FACILITIES ............................................................................................................. 42 CFD NO. 34 COUNTRYSIDE PHASE I NORTH - FACILITIES .................................................................................................... 44 CFD NO. 35 COUNTRYSIDE PHASE II SOUTH - FACILITIES ................................................................................................... 46 CFD NO. 38 PARK & TURNER NE FACILITIES .................................................................................................................... 48 CFD NO. 39 NEW HAVEN FACILITIES AREA C ................................................................................................................. 50 CFD NO. 40 EMERALD PARK FACILITIES .......................................................................................................................... 52 CFD NO. 41 CANVAS PARK FACILITIES .......................................................................................................................... 54 CFD NO. 42 WEST HAVEN ........................................................................................................................................... 56 CFD NO. 43 PARK PLACE FACILITIES PHASE IV ................................................................................................................ 58 CFD NO. 46 AVENUE 176 FACILITIES ............................................................................................................................. 60 CFD NO. 53 TEVELDE FACILITIES .................................................................................................................................... 62 CFD NO. 54 ESPERANZA FACILITIES ............................................................................................................................... 64 CFD NO. 66 OLIVE & OLEANDER ................................................................................................................................. 66 SUMMARY OF FACILITIES COMMUNITY FACILITIES DISTRICTS ................................................................................................... 68

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ONTARIO SERVICES AND FACILITIES CFDS ............................................................................................................ 69 CFD NO. 31 CARRIAGE HOUSE / AMBERLY LANE ............................................................................................................ 70 CFD NO. 45 NORTHPARK AND COUNTRYSIDE ................................................................................................................. 73 CFD NO. 52 SUNDANCE PARK ..................................................................................................................................... 76 CFD NO. 55 PARKLANE ............................................................................................................................................... 78 CFD NO. 56 PARKSIDE/LA AVENIDA ............................................................................................................................. 81 CFD NO. 57 NEUHOUSE .............................................................................................................................................. 84 CFD NO. 64 SUNSET RANCH ........................................................................................................................................ 87 CFD NO. 65 FALLONCREST .......................................................................................................................................... 90 CFD NO. 71 NEUHOUSE PHASE 2 ................................................................................................................................. 92 SUMMARY OF SERVICES AND FACILITIES COMMUNITY FACILITIES DISTRICTS............................................................................... 94

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SB165: Local Agency Special Tax and Bond Accountability Act

The Local Agency Special Tax Bond and Accountability Act (the “Act”) requires that local agencies that have imposed special taxes or issued bond measures subject to voter approval report annually on the amount of funds collected and expended. This report must contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual re port containing specified information concerning the use of the proceeds. The Act applies to special taxes and bonds issued on or after January 1, 2001 in accordance with Sections 50075.1 and 5341 0 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the Community Facilities District or Bond Issuance and others are handled through annual reports. This report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The Annual report shall contain all the following:

a) The amount of funds collected and expended.
b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 or subdivision (a) of Section 53410.

Table 1 indicates which Section of the CA Government Code each district is required to comply with for Fiscal Year 2024-25.

For questions regarding this report, please contact the City of Ontario, Financial Services Agency at (909) 395-2015 or email [email protected].

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Table 1: Required SB 165 Reports for City of Ontario Community Facilities Districts

CFD No. CFD Name §50075.3 Required §53411 Required
9 Edenglen Yes No
10 Ontario Airport Towers Yes No
13 California Commerce Center- Phase IV Yes Yes
19 Countryside Phase 1 - Services Yes No
20 Walmart Yes No
21 Parkside Yes No
23 Park Place Services Yes No
24 Park Place Facilities Phase 1 Yes Yes
25 Park Place Facilities Phase II Yes Yes
26 Park Place Facilities Phase III Yes Yes
27 New Haven Services Yes No
28 New Haven Facilities - Area A Yes Yes
30 New Haven Facilities - Area B Yes No
31-A Carriage House / Amberly Lane - A Yes Yes
31-B Carriage House / Amberly Lane - B Yes No
32 Archibald/Schaefer - Services Yes No
33 Archibald/Schaefer - Facilities Yes Yes
34 Countryside Phase 1 North - Facilities Yes Yes
35 Countryside Phase II South - Facilities Yes Yes
37 Park & Turner NE Services Yes No
38 Park & Turner NE Facilities Yes Yes
39 New Haven Facilities - Area C Yes Yes
40 Emerald Park Facilities Yes Yes
41 Canvas Park Facilities Yes Yes
42 West Haven Yes Yes
43 Park Place Facilities Phase IV Yes Yes
44 Esperanza Services Yes No
45-A Northpark and Countryside - A Yes Yes
45-B Northpark and Countryside - B Yes No
46 Avenue 176 Facilities Yes Yes
47 Colony Commerce Center West I Services Yes No
48 Tevelde Services Yes No
49 Avenue 176 Services Yes No
50 West Ontario Logistics Center Services Yes No
51 Ontario Ranch Logistics Center Services Yes No
52 Sundance Park - A Yes Yes
52 Sundance Park - B Yes No
53 Tevelde Facilities Yes Yes
54 Esperanza Facilities Yes Yes
55-A Parklane - A Yes Yes
55-B Parklane - B Yes No
56-A Parkside/La Avenida - A Yes Yes
56-B Parkside/La Avenida - B Yes No
57-A Neuhouse - A Yes Yes
57-B Neuhouse - B Yes No
58 Colony Commerce Center East Services Yes No
59 Gateway Services Yes No
60 Ontario Ranch Business Park Services Yes No
61 Merrill Commerce Center Services Yes No
62 Ontario Commerce Center Yes No
64-A Sunset Ranch- A Yes Yes
64-B Sunset Ranch- B Yes No
65-A Falloncrest - A Yes Yes
65-B Falloncrest - B Yes No
66 Olive & Oleander Yes Yes
68 Rich Haven Industrial Services Yes No
71-A Neuhouse Phase 2 - A Yes Yes
71-B Neuhouse Phase 2 - B Yes No
Required SB 165 Reports for City of Ontario Community Facilities Districts Fiscal Year 2024-25
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Ontario Services CFDs

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Community Facilities District No. 9
Edenglen
Location
Community Facilities District No. 9 (Edenglen) is located south of Riverside Drive, east of Mill Creek Avenue, generally west of Hamner Avenue and north of Chino Avenue. CFD No. 9 is a Services CFD comprised of approximately 74 acres of residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 9 (Edenglen) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 586,338
Special Tax- Penalty $ 852
Special Tax- Prior $ 4,270
Total Special Tax Revenues $ 591,460

FY 2024-25 Expenditures
Special Districts Cost of Services $ 468,800 Administrative Expenses $ 67,102
Total Expenditures $ 535,902

Project Status
Provides for ongoing City Services

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Community Facilities District No. 10
Ontario Airport Towers
Location
Community Facilities District No. 10 (Ontario Airport Towers) is generally located on the south side of Interstate 10, north of Guasti Road, east of Archibald Avenue and west of Turner Avenue. CFD No. 10 is a Services CFD comprised of approximately 25 acres of office and retail space which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 10 (Ontario Airport Towers) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 12,218
Total Special Tax Revenues $ 12,218

FY 2024-25 Expenditures
Special Districts Cost of Services $ 2,663 Administrative Expenses $ 9,555
Total Expenditures $ 12,218

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 19
Countryside Phase 1 – Services
Location
Community Facilities District No. 19 (Countryside Phase 1 – Services) is located north of Deer Creek Channel, south of Riverside Drive, east of Cucamonga Creek Channel and west of Archibald Avenue. CFD No. 19 is a Services CFD comprised of approximately 85 acres of residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 1 9 (Countryside Phase 1 – Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 628,018
Special Tax- Penalty $ 419
Special Tax- Prior $ 2,887
Total Special Tax Revenues $ 631,324

FY 2024-25 Expenditures
Special Districts Cost of Services $ 514,614 Administrative Expenses $ 62,392
Total Expenditures $ 577,006

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 20
Walmart
Location
Community Facilities District No. 20 (W almart) is located west of Mountain Avenue, south of Sixth Street, east of Elderberry Avenue, and north of Fifth Street. CFD No. 20 is a Services CFD comprised of approximately 16 acres of commercial development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 20 (Walmart) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 33,024
Total Special Tax Revenues $ 33,024

FY 2024-25 Expenditures
Special Districts Cost of Services $ 22,787 Administrative Expenses $ 10,237
Total Expenditures $ 33,024

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 21
Parkside
Location
Community Facilities District No. 21 (Parkside) is located north of Inland Empire Boulevard, south of Fourth Street, east of Archibald Avenue and west of Turner Avenue. CFD No. 2 1 is a Services CFD comprised of approximately 20 acres of residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 21 (Parkside) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 66, 412
Special Tax- Penalty $ 72 Special Tax- Prior $ 595
Total Special Tax Revenues $ 67,079

FY 2024-25 Expenditures
Special Districts Cost of Services $ 53,350 Administrative Expenses $ 13,729 Total Expenditures $ 67,079

Project Status
Provides for ongoing City Services.

1902
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Community Facilities District No. 23
Park Place Services
Location
Community Facilities District No. 23 (Park Place Services) is located north of Bellegrave Avenue, south of Eucalyptus Avenue, east of Archibald Avenue and west of Haven Avenue. CFD No. 23 is a Services CFD comprised of approximately 344 acres of residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 2 3 (Park Place Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 1,860,191
Special Tax- Penalty $ 6,290
Special Tax- Prior $ 20,095
Total Special Tax Revenues $ 1,886,576

FY 2024-25 Expenditures
Special Districts Cost of Services $ 1,720,156 Administrative Expenses $ 93,383
Total Expenditures $ 1,813,539

Project Status
Provides for ongoing City Services.

1903
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Community Facilities District No. 27
New Haven Services
Location
Community Facilities District No. 27 (New Haven Services) is located north of Edison Avenue, south of Riverside Drive, east of Turner Avenue and west of Hamner Avenue. CFD No. 27 is a Services CFD comprised of approximately 150 acres of residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 2 7 (New Haven Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 2,630,338
Special Tax- Penalty $ 2,498
Special Tax- Prior $ 16,458
Total Special Tax Revenues $ 2,649,294

FY 2024-25 Expenditures
Special Districts Cost of Services $ 2,458,503 Administrative Expenses $ 111,673
Total Expenditures $ 2,570,176

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 32
Archibald/Schaefer - Services
Location
Community Facilities District No. 32 (Archibald/Schaefer – Services) is located south of Schaefer Avenue, north of La Avenida Drive, west of Turner Avenue and east of Archibald Avenue. CFD No. 32 is a Services CFD comprised of approximately 60 acres of residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 32 (Archibald/Schaefer – Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 454,558
Special Tax- Penalty $ 188
Special Tax- Prior $ 1,444
Total Special Tax Revenues $ 456,190

FY 2024-25 Expenditures
Special Districts Cost of Services $ 346,858 Administrative Expenses $ 58,703 Total Expenditures $ 405,561

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 37
Park & Turner NE Services
Location
Community Facilities District No. 37 (Park & Turner NE Services) is located east of Turner Avenue, west of Haven Avenue, south of Edison Avenue and north of Eucalyptus Avenue . CFD No. 37 is a Services CFD comprised of approximately 80 acres of residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 37 (Park & Turner NE Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 451,131
Special Tax- Penalty $ 902 Special Tax- Prior $ 3,609
Total Special Tax Revenues $ 455,642

FY 2024-25 Expenditures
Special Districts Cost of Services $ 344,867 Administrative Expenses $ 58,703 Total Expenditures $ 403,570

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 44
Esperanza Services
Location
Community Facilities District No. 44 (Esperanza Services) is located north of Bellegrave Avenue, south of Edison Avenue, east of Mill Creek Avenue and west of Hamner Avenue. CFD No. 44 is a Services CFD comprised of approximately 76 acres of residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 44 (Esperanza Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 904,078 Special Tax- Penalty $ 1,868 Special Tax- Prior $ 11,165 Total Special Tax Revenues $ 917,111

FY 2024-25 Expenditures
Special Districts Cost of Services $ 794,835 Administrative Expenses $ 69,771 Total Expenditures $ 864,606

Project Status
Provides for ongoing City Services.

1907
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Community Facilities District No. 47
Colony Commerce Center West I Services
Location
Community Facilities District No. 47 (Colony Commerce Center West I Services) is located north of Remington Avenue, south of Merrill Avenue, east of Carpenter Avenue and west of Cucamonga Channel. CFD No. 47 is a Services CFD comprised of approximately 61 acres of non -residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 47 (Colony Commerce Center West I Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 322,458
Total Special Tax Revenues $ 322,458

FY 2024-25 Expenditures
Special Districts Cost of Services $ 291,676 Administrative Expenses $ 17,985
Total Expenditures $ 309,661

Project Status
Provides for ongoing City Services.

1908
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Community Facilities District No. 48
Tevelde Services
Location
Community Facilities District No. 4 8 (Tevelde Services) is located north of Merrill Avenue, south of Eucalyptus Avenue, east of Cucamonga Channel and west of Archibald Avenue. CFD No. 48 is a Services CFD comprised of approximately 87 acres of residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 4 8 (Tevelde Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 587,567
Special Tax- Penalty $ 603
Special Tax- Prior $ 4,331
Total Special Tax Revenues $ 592,501

FY 2024-25 Expenditures
Special Districts Cost of Services $ 477,238 Administrative Expenses $ 62,392
Total Expenditures $ 539,630

Project Status
Provides for ongoing City Services.

1909
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Community Facilities District No. 49
Avenue 176 Services
Location
Community Facilities District No. 49 (Avenue 176 Services) is located north of Ontario Ranch Road, south of La Avenida Drive, west of Turner Avenue and east of Archibald Avenue. CFD No. 49 is a Services CFD comprised of approximately 37 acres of residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 49 (Avenue 176 Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 237,906
Special Tax- Penalty $ 126
Special Tax- Prior $ 722
Total Special Tax Revenues $ 238,754

FY 2024-25 Expenditures
Special Districts Cost of Services $ 136,079 Administrative Expenses $ 55,014
Total Expenditures $ 191,093

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 50
West Ontario Logistics Center Services
Location
Community Facilities District No. 50 (West Ontario Logistics Center Services) is located south of Merrill Avenue east of Carpenter Avenue and west of the Cucamonga Creek Channel. CFD No. 50 is a Services CFD comprised of approximately 56 acres of non-residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 50 (West Ontario Logistics Center Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 299,574
Total Special Tax Revenues $ 299,574

FY 2024-25 Expenditures
Special Districts Cost of Services $ 268,792 Administrative Expenses $ 17,985
Total Expenditures $ 286,777

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 51
Ontario Ranch Logistics Center Services
Location
Community Facilities District No. 51 (Ontario Ranch Logistics Center Services) is located south of Eucalyptus Avenue, north of Merrill Avenue, east of Carpenter Avenue and west of the Cucamonga Creek Channel. CFD No. 51 is a Services CFD comprised of approximately 119 acres of non-residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 51 (Ontario Ranch Logistics Center Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 635,496
Total Special Tax Revenues $ 635,496

FY 2024-25 Expenditures
Special Districts Cost of Services $ 589,956 Administrative Expenses $ 25,363
Total Expenditures $ 615,319

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 58
Colony Commerce Center East Services
Location
Community Facilities District No. 58 (Colony Commerce Center East Services) is located south of Merrill Avenue, north of the County Line Channel, east of Cucamonga Channel, and west of Archibald Avenue. CFD No. 58 is a Services CFD comprised of approximate ly 82 acres of non - residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 58 (Colony Commerce Center East Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 421,550
Total Special Tax Revenues $ 421,550

FY 2024-25 Expenditures
Special Districts Cost of Services $ 380,556 Administrative Expenses $ 23,091
Total Expenditures $ 403,647

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 59
Gateway Services
Location
Community Facilities District No. 59 (Gateway Services) is located south of Ontario Ranch Road, north of Edison Avenue, east of Cleveland Avenue, and west of Hamner Avenue. CFD No. 59 is a Services CFD comprised of approximately 53 acres of non-residential and residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 5 9 (Gateway Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 278,578
Total Special Tax Revenues $ 278,578

FY 2024-25 Expenditures
Special Districts Cost of Services $ 174,047 Administrative Expenses $ 55,220
Total Expenditures $ 229,267

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 60
Ontario Ranch Business Park Services
Location
Community Facilities District No. 60 (Ontario Ranch Business Park Services) is located south of Eucalyptus Avenue, north of Merrill Avenue, east of Euclid Avenue and west of Sultana Avenue .

CFD No. 60 is a Services CFD comprised of approximately 86 acres of non-residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 60 (Ontario Ranch Business Park Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 419,492
Total Special Tax Revenues $ 419,492

FY 2024-25 Expenditures
Special Districts Cost of Services $ 383,280 Administrative Expenses $ 20,700
Total Expenditures $ 403,980

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 61
Merrill Commerce Center Services
Location
Community Facilities District No. 61 (Merrill Commerce Center Services) is located south of Eucalyptus Avenue, north of Merrill Avenue, east of Grove Avenue and west of Carpenter Avenue.

CFD No. 61 is a Services CFD comprised of approximately 151 acres of non -residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 6 1 (Merrill Commerce Center Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 1,213,928
Total Special Tax Revenues $ 1,213,928

FY 2024-25 Expenditures
Special Districts Cost of Services $ 1,137,870 Administrative Expenses $ 40,623
Total Expenditures $ 1,178,493

Project Status
Provides for ongoing City Services.

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Community Facilities District No. 62
Ontario Commerce Center
Location
Community Facilities District No. 62 (Ontario Commerce Services) is located south of Riverside Drive, north of Chino Avenue, east of Haven Avenue and west of Hamner Avenue. CFD No. 62 is a Services CFD comprised of approximately 998,092 square feet at buil d-out and 47.7 acres of non-residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 62 (Ontario Commerce Center) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 227,117
Total Special Tax Revenues $ 227,117

FY 2024-25 Expenditures
Special Districts Cost of Services $ 184,584 Administrative Expenses $ 20,700
Total Expenditures $ 205,284

Project Status
Provides for ongoing City Services

1917
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Community Facilities District No. 68
Rich Haven Industrial Services
Location
Community Facilities District No. 6 8 (Rich Haven Industrial Services ) is located south of Schaeffer Avenue, north of Ontario Ranch RD, east of Mill Creek Avenue and west of Hamner Avenue. CFD No. 68 is a Services CFD comprised of approximately 1,003,918 square feet at build out and 52.9 acres of non-residential development which provides for ongoing City Services.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund authorized Special Districts Cost of Services and incidental expenses of CFD No. 6 8 (Rich Haven Industrial Services) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 251,085
Total Special Tax Revenues $ 251,085

FY 2024-25 Expenditures
Special Districts Cost of Services $ 234,576 Administrative Expenses $ 16,509
Total Expenditures $ 251,085

Project Status
Provides for ongoing City Services

1918
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City of Ontario
Summary of Services Community Facilities Districts
Special Taxes Levied and Expended for Fiscal Year 2024-25 (As Required by CA Govt. Code Section 50075.3)

CFD
No. CFD Name Fund
2024-25
Special Tax
Current
2024-25
Special Tax
Penalty
2024-25
Special Tax
Prior
2024-25 Total
Special Tax
Revenue
Administrative
Expenses
Special Districts
Cost of Services
2024-25
Expenditures
Total
9 Edenglen 2920 586,338$ 852$ 4,270$ 591,460$ 67,102$ 468,800$ 535,902$ 10 Ontario Airport Towers 2910 12,218$ -$ -$ 12,218$ 9,555$ 2,663$ 12,218$ 19 Countryside Phase 1 - Services 2920 628,018$ 419$ 2,887$ 631,324$ 62,392$ 514,614$ 577,006$ 20 WalMart 2910 33,024$ -$ -$ 33,024$ 10,237$ 22,787$ 33,024$ 21 Parkside 2910 66,412$ 72$ 595$ 67,079$ 13,729$ 53,350$ 67,079$ 23 Park Place Services 2920 1,860,191$ 6,290$ 20,095$ 1,886,576$ 93,383$ 1,720,156$ 1,813,539$ 27 New Haven Services 2920 2,630,338$ 2,498$ 16,458$ 2,649,294$ 111,673$ 2,458,503$ 2,570,176$ 32 Archibald/Schaefer - Services 2920 454,558$ 188$ 1,444$ 456,190$ 58,703$ 346,858$ 405,561$ 37 Park & Turner NE Services 2920 451,131$ 902$ 3,609$ 455,642$ 58,703$ 344,867$ 403,570$ 44 Esperanza Services 2920 904,078$ 1,868$ 11,165$ 917,111$ 69,771$ 794,835$ 864,606$ 47 Colony Commerce Center West I Services 2920 322,458$ -$ -$ 322,458$ 17,985$ 291,676$ 309,661$ 48 Tevelde Services 2920 587,567$ 603$ 4,331$ 592,501$ 62,392$ 477,238$ 539,630$ 49 Avenue 176 Services 2920 237,906$ 126$ 722$ 238,754$ 55,014$ 136,079$ 191,093$ 50 West Ontario Logistics Center Services 2920 299,574$ -$ -$ 299,574$ 17,985$ 268,792$ 286,777$ 51 Ontario Ranch Logistics Center Services 2920 635,496$ -$ -$ 635,496$ 25,363$ 589,956$ 615,319$ 58 Colony Commerce Center East Services 2920 421,550$ -$ -$ 421,550$ 23,091$ 380,556$ 403,647$ 59 Gateway Services 2920 278,578$ -$ -$ 278,578$ 55,220$ 174,047$ 229,267$ 60 Ontario Ranch Business Park Services 2920 419,492$ -$ -$ 419,492$ 20,700$ 383,280$ 403,980$ 61 Merrill Commerce Center Services 2920 1,213,928$ -$ -$ 1,213,928$ 40,623$ 1,137,870$ 1,178,493$ 62 Ontario Commerce Center 2920 227,117$ -$ -$ 227,117$ 20,700$ 184,584$ 205,284$ 68 Rich Haven Industrial Services 2920 251,085$ -$ -$ 251,085$ 16,509$ 234,576$ 251,085$ Total 12,521,056$ 13,818$ 65,576$ 12,600,450$ 910,830$ 10,986,086$ 11,896,916$ 1919
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Ontario Facilities CFDs

1920
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Community Facilities District No. 13
California Commerce Center- Phase IV
Location
Community Facilities District No. 13 (California Commerce Center - Phase IV) is located south of Francis Street, generally north of Mission Boulevard, east of Haven Avenue and west of Milliken Avenue. CFD No. 13 is a Facilities CFD comprised of approximately 103 acres of commercial/industrial development, with 1.96 million square feet of industrial development, and 1 parcel of commercial development totaling approximately 20,000 square feet of floor space.

Authorized Facilities and Bonds
CFD No. 13 (California Commerce Center - Phase IV) was formed to finance major public improvements which include street and traffic circulation facilities, water and recycled water system facilities, sewer system facilities, storm drain facilities and other public infrastructure improvements for the benefit of the district. The City in 2021 refunded the prior special tax bonds (Series 2008) which were issued in the aggregate principal amount of $4,635,000.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 13 (California Commerce Center - Phase IV) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 308,437
Total Special Tax Revenues $ 308,437

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 58,600
Bond Principal – 9/1/2024 $ 145,000
Bond Interest – 3/1/2025 $ 55,700
Administrative Expenses $ 38,737
Trustee Administrative Expense $ 2,350 Total Expenditures $ 300,387

1921
31 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table s show the Original Funding Sources and Usage of the Series 20 08 and Series 2021 Bond Proceeds, and the June 30, 2025, ending account balances. The amounts levied pay the administrative expenses and the annual debt service payments (principal and interest).

Original Funding Sources and Usage of Bond Proceeds Series 2008 Series 2021 Issued 7/16/2008 Issued 6/16/2021
Funding Sources:

Principal Amount of the Bonds $ 4,635,000 $ 3,205,000 Original Issue Premium/(Discount) $ (70,951) $ 408,487 Funds from Series 2008 Bond Accounts $ - $ 893,149 Total $ 4 ,564,049 $ 4,506,636

Usage:

Acquisition and Construction Account $ 3,887,060 $ - Escrow Account $ - $ 3,720,544 Reserve Account $ 340,336 $ 266,000 Capitalized Interest Account $ 34,032 $ 26,708 Administrative Expense Account $ - $ 225,850 Cost of Issuance Account $ 302,620 $ 267,533 Total $ 4,564,049 $ 4,506,636
Ending Balance
Series 2008: Bonds Paid out- No longer Active
Series 2021:

Account 6/30/2025
Reserve $ 275,634
Interest $ 37
Administrative Expense $ 244,538
Total $ 520,209

Project Status
All improvements funded by the original 2008 Bond series are complete. There were no Improvement/Construction Funds associated with the refunding of the bonds in the District. 1922
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Community Facilities District No. 24
Park Place Facilities Phase 1
Location
Community Facilities District No. 24 (Park Place Facilities Phase 1 ) is located east of Archibald Avenue, west of Haven Avenue, generally south of Merrill Avenue and north of Bellegrave Avenue.

CFD No. 24 is a Facilities CFD comprised of approximately 175 acres of residential development.

Authorized Facilities and Bonds
CFD No. 24 (Park Place Facilities Phase 1) was formed to finance major public improvements which include water and recycled water system facilities, sewer system facilities, fiber optic system facilities, streets and traffic circulation system facilities and public park facilities for the benefit of residents within the district. The District has one series of bonds: The Park Place Facilities Phase 1 Special Tax Bonds, Series 2016.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 24 (Park Place Facilities Phase 1) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 1,068,062
Special Tax- Penalty $ 1,770
Special Tax- Prior $ 10,814
Total Special Tax Revenues $ 1,080,646

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 308,534
Bond Principal – 9/1/2024 $ 375,000
Bond Interest – 3/1/2025 $ 299,159
Administrative Expenses $ 60,040
Trustee Administrative Expense $ 2,135 Total Expenditures $ 1,044,868

1923
33 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2016 Bond Proceeds, and the June 30, 202 5, ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2016
Issued
9/8/2016
Funding Sources:

Principal Amount of the Bonds $ 16,135,000
Original Issue Premium/(Discount) $ 1,975,230
Underwriter’s Discount $ (201,695)
Total $ 17,908,535

Usage:

SL Ontario Acquisition Account $ 3,437,725
City Facilities Account $ 3,093,341
Reserve Account $ 995,469
Administrative Expense Account $ 15,000
Cost of Issuance Account $ 367,000
Total $ 17,908,535
Ending Balance
Account 6/30/2025
City Facilities $ 126,601
Administrative Expense $ 291,582
Reserve $ 995,469
Total $ 1,413,652

Project Status
The construction of facilities is ongoing.

1924
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Community Facilities District No. 25
Park Place Facilities Phase II
Location
Community Facilities District No. 25 (Park Place Facilities Phase II) is located east of Archibald Avenue, west of Celebration Avenue, south of Parkview Street and north of Merrill Avenue . CFD No. 25 is a Facilities CFD comprised of approximately 54 acres of residential development.

Authorized Facilities and Bonds
CFD No. 25 (Park Place Facilities Phase II) was formed to finance major public improvements which include street improvements and public park improvements for the benefit of residents within the district. The District has one series of bonds: The Park Place Facilities Phase II Special Tax Bonds, Series 2019.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 25 (Park Place Facilities Phase II) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 659,601
Special Tax- Penalty $ 473
Special Tax- Prior $ 2,629
Total Special Tax Revenues $ 662,703

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 179,962
Bond Principal – 9/1/2024 $ 160,000
Bond Interest – 3/1/2025 $ 175,963
Administrative Expenses $ 64,897
Trustee Administrative Expense $ 2,350 Total Expenditures $ 583,172

1925
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Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2019 Bond Proceeds, and the June 30, 202 5, ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2019
Issued
1/24/2019
Funding Sources:

Principal Amount of the Bonds $ 8,615,000
Original Issue Premium/(Discount) $ 392,946
Underwriter’s Discount $ (102,538)
Total $ 8,905,408

Usage:

SL Ontario Acquisition Account $ 5,320,555
NMC Acquisition Account $ 2,785,853
Reserve Account $ 525,000
Administrative Expense Account $ 40,000
Cost of Issuance Account $ 234,000
Total $ 8,905,408
Ending Balance
Account 6/30/2025
City Facilities $ 61,345
Administrative Expense $ 203,757
Reserve $ 544,014
Total $ 809,116

Project Status
The construction and acquisition of facilities is ongoing.

1926
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Community Facilities District No. 26
Park Place Facilities Phase III
Location
Community Facilities District No. 26 (Park Place Facilities Phase III) is located east of Celebration Avenue, west of Haven Avenue, south of Parkview Street and north of Merrill Avenue. CFD No. 26 is a Facilities CFD comprised of approximately 33 acres of residential development.

Authorized Facilities and Bonds
CFD No. 26 (Park Place Facilities Phase II I) was formed to finance major public improvements which include water and recycled water system facilities, fiber optic system facilities, and storm drain collection system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The Park Place Facilities Phase III Special Tax Bonds, Series 2019.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 26 (Park Place Facilities Phase III) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 677,984
Special Tax- Penalty $ 8,507 Special Tax- Prior $ 19,343
Total Special Tax Revenues $ 705,834

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 184,850 Bond Principal – 9/1/2024 $ 170,000 Bond Interest – 3/1/2025 $ 181,450 Administrative Expenses $ 61,364 Trustee Administrative Expense $ 2,350 Total Expenditures $ 600,014

1927
37 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2019 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2019
Issued
9/18/2019
Funding Sources:

Principal Amount of the Bonds $ 8,835,000
Original Issue Premium/(Discount) $ 1,289,934
Underwriter’s Discount $ (107,470)
Total $ 10,017,464

Usage:

SL Ontario Acquisition Account $ 1,768,152
NMC Acquisition Account $ 7,498,412
Reserve Account $ 540,900
Cost of Issuance Account $ 210,000
Total $ 10,017,464
Ending Balance
Account 6/30/2025
City Facilities $ 28,712
Administrative Expense $ 138,317
Reserve $ 560,491
Total $ 727,520

Project Status
The construction and acquisition of facilities is ongoing.

1928
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Community Facilities District No. 28
New Haven Facilities – Area A
Location
Community Facilities District No. 28 (New Haven Facilities – Area A) is located generally east of Turner Avenue, west of Haven Avenue, south of Schaefer Avenue and north of Ontario Ranch Road. CFD No. 2 8 is a Facilities CFD comprised of approximately 53 acres of residential development.

Authorized Facilities and Bonds
CFD No. 28 (New Haven Facilities – Area A) was formed to finance major public improvements which include water and recycled water system facilities, fiber optic system facilities, sewer collection system facilities and streets and traffic circulation system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The New Haven Facilities – Area A Special Tax Bonds, Series 2017.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 2 8 (New Haven Facilities – Area A) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 674,635
Special Tax- Penalty $ 2,139
Special Tax- Prior $ 12,275
Total Special Tax Revenues $ 689,049

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 179,747
Bond Principal – 9/1/2024 $ 200,000
Bond Interest – 3/1/2025 $ 176,622
Administrative Expenses $ 58,078
Trustee Administrative Expense $ 2,500 Total Expenditures $ 616,947

1929
39 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us ages of the Series 2017 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2017
Issued
3/29/2017
Funding Sources:

Principal Amount of the Bonds $ 9,010,000
Original Issue Premium/(Discount) $ 37,567
Underwriter’s Discount $ (112,625)
Total $ 8,934,942

Usage:

BrookCal Ontario Acquisition Account $ 4,457,345 NMC Acquisition Account $ 3,692,607
Reserve Account $ 562,800
Administrative Expense Account $ 20,190
Cost of Issuance Account $ 202,000
Total $ 8,934,942
Ending Balance
Account 6/30/2025
City Facilities $ 208,869
Administrative Expense $ 314,228
Reserve $ 562,800
Total $ 1,085,897

Project Status
The construction and acquisition of facilities is ongoing.

1930
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Community Facilities District No. 30
New Haven Facilities – Area B
Location
Community Facilities District No. 30 (New Haven Facilities – Area B) is located generally east of Turner Avenue, west of Haven Avenue, south of Schaefer Avenue and north of Ontario Ranch Road. CFD No. 30 is a Facilities CFD comprised of approximately 5 8 acres of residential development.

Authorized Facilities and Bonds
CFD No. 30 (New Haven Facilities – Area B) was formed to finance major public improvements which include water and recycled water system facilities, fiber optic system facilities, sewer collection system facilities and streets and traffic circulation system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The New Haven Facilities – Area B Special Tax Bonds, Series 2017.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 30 (New Haven Facilities – Area B) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 960,014
Special Tax- Penalty $ 1,100
Special Tax- Prior $ 7,258
Total Special Tax Revenues $ 968,372

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 241,209 Bond Principal – 9/1/2024 $ 315,000 Bond Interest – 3/1/2025 $ 234,909 Administrative Expenses $ 63,230 Trustee Administrative Expense $ 2,350 Total Expenditures $ 856,698

1931
41 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2017 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2017
Issued
12/20/2017
Funding Sources:

Principal Amount of the Bonds $ 14,000,000
Original Issue Premium/(Discount) $ 337,809
Underwriter’s Discount $ (175,000)
Total $ 14,162,809

Usage:

BrookCal Ontario Acquisition Account $ 2,672,949 City Facilities Account $ 10,353,320
Reserve Account $ 797,419
Administrative Expense Account $ 84,121
Cost of Issuance Account $ 255,000
Total $ 14,162,809
Ending Balance
Account 6/30/2025
City Facilities $ 321,607
Administrative Expense $ 164,786
Reserve $ 826,300
Total $ 1,312,693

Project Status
The construction and acquisition of facilities is ongoing.

1932
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Community Facilities District No. 33
Archibald/Schaefer - Facilities
Location
Community Facilities District No. 3 3 (Archibald/Schaefer - Facilities) is located east of Archibald Avenue, west of Turner Avenue, south of Schaefer Avenue and north of La Avenida Drive . CFD No. 33 is a Facilities CFD comprised of approximately 50 acres of residential development.

Authorized Facilities and Bonds
CFD No. 33 (Archibald/Schaefer - Facilities) was formed to finance major public improvements which include water and recycled water system facilities, fiber optic system facilities and street and traffic circulation system facilities improvements for the benefit of residents within the district.

The District has one series of bonds: The Archibald/Schaefer - Facilities Special Tax Bonds, Series 2019.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 3 3 (Archibald/Schaefer - Facilities) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 497,575
Total Special Tax Revenues $ 497,575

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 129,825
Bond Principal – 9/1/2024 $ 115,000 Bond Interest – 3/1/2025 $ 127,525
Administrative Expenses $ 66,613
Trustee Administrative Expense $ 2,350 Total Expenditures $ 441,313

1933
43 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2019 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2019
Issued
10/17/2019
Funding Sources:

Principal Amount of the Bonds $ 5,990,000
Original Issue Premium/(Discount) $ 867,384
Underwriter’s Discount $ (77,306)
Total $ 6,780,078

Usage:

Western Pacific Acquisition Account $ 2,620,316
NMC Acquisition Account $ 3,556,512
Reserve Account $ 375,250
Cost of Issuance Account $ 228,000
Total $ 6,780,078
Ending Balance
Account 6/30/2025
City Facilities $ 150,035
Administrative Expense $ 308,718
Reserve $ 388,841
Total $ 847,594

Project Status
The construction and acquisition of facilities is ongoing.

1934
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Community Facilities District No. 34
Countryside Phase I North - Facilities
Location
Community Facilities District No. 34 (Countryside Phase 1 North - Facilities) is located east of the Cucamonga Creek Channel, west of Archibald Avenue, south of Riverside Drive and north of Chino Avenue. CFD No. 34 is a Facilities CFD comprised of approximately 50 acres of residential development.

Authorized Facilities and Bonds
CFD No. 34 (Countryside Phase 1 North - Facilities) was formed to finance major public improvements which include water and recycled water system facilities, fiber optic system facilities, streets and traffic circulation system facilities, and storm drain facilities improvements for the benefit of residents within the district. The District has one series of bonds: The Countryside Phase 1 North - Facilities Special Tax Bonds, Series 2018.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 3 4 (Countryside Phase 1 North - Facilities) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 533,364
Special Tax- Penalty $ 701
Special Tax- Prior $ 4,832
Total Special Tax Revenues $ 538,897

FY 2023-24 Expenditures
Bond Interest – 9/1/2024 $ 139,653
Bond Principal – 9/1/2024 $ 175,000
Bond Interest – 3/1/2025 $ 136,153
Administrative Expenses $ 63,230
Trustee Administrative Expense $ 2,350 Total Expenditures $ 516,386

1935
45 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2018 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2018
Issued
2/14/2018
Funding Sources:

Principal Amount of the Bonds $ 7,920,000
Original Issue Premium/(Discount) $ 177,447
Underwriter’s Discount $ (78,980)
Total $ 8,018,467

Usage:

Forestar Acquisition Account $ 7,279,247
Reserve Account $ 454,800
Interest Account $ 59,420
Cost of Issuance Account $ 225,000
Total $ 8,018,467
Ending Balance
Account 6/30/2025
City Facilities $ 25,807
Administrative Expense $ 315,015
Reserve $ 471,272
Total $ 812,094

Project Status
The construction and acquisition of facilities is ongoing.

1936
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Community Facilities District No. 35
Countryside Phase II South - Facilities
Location
Community Facilities District No. 35 (Countryside Phase 2 Facilities) is located east of Cucamonga Creek Channel, west of Archibald Avenue, south of Chino Avenue and north of Schaffer Avenue.

CFD No. 35 is a Facilities CFD comprised of approximately 78 acres of residential development.

Authorized Facilities and Bonds
CFD No. 35 (Countryside Phase 2 South - Facilities) was formed to finance major public improvements which include water and recycled water system facilities, sewer system facilities, fiber optic system facilities and streets and traffic circulation system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The Countryside Phase 2 South – Facilities Special Tax Bonds, Series 2024.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 3 5 (Countryside Phase 2 Facilities) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 897,252
Total Special Tax Revenues $ 897,252

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ - Bond Principal – 9/1/2024 $ - Bond Interest – 03/1/2025 $ 358,576
Administrative Expenses $ 24,181
Total Expenditures $ 382,757

1937
47 | P a g e

Original Sources and Uses of Bond Proceeds
The following table shows the Original Sources and Usage of the Series 2024 Bond Proceeds, and the June 30, 202 5 ending fund balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Sources and Uses of Bond Proceeds
Series 2024
Issued
7/11/2024
Sources:

Principal Amount of the Bonds $11,225,000.00
Original Issue Premium/(Discount) $532,435.20
Underwriter’s Discount ($167,813.75)
Total $11,589,621.45

Uses:

Cost of Issuance Fund $355,00.00
Lennar Acquisition Account of the Improvement Fund $6,352,057.40 Reserve Fund $737,750.00
City Facilities Account $945,852.64
City Park Account $3,088,605.00
NMC Acquisition Account $110,356.41
Total $11,589,621.45
Ending Balance
Fund 6/30/2025
Lennar Acquisition Account of the Improvement Fund $6,861,656 NMC Acquisition Account of the Improvement Fund $129,904 City Facilities Account of the Improvement Fund $528,982 Administrative Expense Fund $25,848
Reserve Fund $764,030
Total $8,310,420

Project Status
The construction and acquisition of facilities is ongoing.

1938
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Community Facilities District No. 38
Park & Turner NE Facilities
Location
Community Facilities District No. 38 (Park & Turner NE Facilities) is located east of Turner Avenue, west of Haven Avenue, south of Ontario Ranch Road and north of Eucalyptus Avenue . CFD No. 38 is a Facilities CFD comprised of approximately 49 acres of residential development.

Authorized Facilities and Bonds
CFD No. 38 (Park & Turner NE Facilities ) was formed to finance major public improvements which include water and recycled water system facilities, sewer system facilities, fiber optic system facilities and streets and traffic circulation system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The Park & Turner NE Facilities Special Tax Bonds, Series 2019.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 3 8 (Park & Turner NE Facilities ) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 797,421
Special Tax- Penalty $ 1,703
Special Tax- Prior $ 6,810
Total Special Tax Revenues $ 805,934

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 222,084
Bond Principal – 9/1/2024 $ 200,000
Bond Interest – 3/1/2025 $ 217,084
Administrative Expenses $ 64,897
Trustee Administrative Expense $ 2,350 Total Expenditures $ 706,415

1939
49 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2019 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2019
Issued
4/11/2019
Funding Sources:

Principal Amount of the Bonds $ 10,450,000
Original Issue Premium/(Discount) $ 900,112
Underwriter’s Discount $ (122,725)
Total $ 11,227,387

Usage:

Lennar Acquisition Account $ 2,490,319
NMC Acquisition Account $ 7,855,067
Reserve Account $ 648,000
Cost of Issuance Account $ 234,000
Total $ 11,227,387
Ending Balance
Account 6/30/2025
City Facilities $ 259,140
Administrative Expense $ 233,064
Reserve $ 671,470
Total $ 1,163,674

Project Status
The construction and acquisition of facilities is ongoing.

1940
50 | P a g e

Community Facilities District No. 39
New Haven Facilities – Area C
Location
Community Facilities District No. 39 (New Haven Facilities – Area C ) is located east of Turner Avenue, west of Haven Avenue, north of Edison Avenue and south of Ontario Ranch Road. CFD No. 39 is a Facilities CFD comprised of approximately 22 acres of residential development.

Authorized Facilities and Bonds
CFD No. 39 (New Haven Facilities – Area C) was formed to finance major public improvements which include water and recycled water system facilities, fiber optic system facilities, sewer collection system facilities and streets and traffic circulation system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The New Haven Facilities – Area C Special Tax Bonds, Series 2019.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 3 9 (New Haven Facilities – Area C) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 406,916
Total Special Tax Revenues $ 406,916

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 92,934
Bond Principal – 9/1/2024 $ 105,000
Bond Interest – 3/1/2025 $ 91,753
Administrative Expenses $ 64,897
Trustee Administrative Expense $ 2,350 Total Expenditures $ 356,934

1941
51 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2019 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2019
Issued
2/26/2019
Funding Sources:

Principal Amount of the Bonds $ 5,115,000
Original Issue Premium/(Discount) $ 13,203
Underwriter’s Discount $ (68,181)
Total $ 5,060,022

Usage:

BrookCal Ontario Acquisition Account $ 1,876,127 NMC Acquisition Account $ 2,621,307
Reserve Account $ 295,588
Administrative Expense Account $ 40,000
Cost of Issuance Account $ 227,000
Total $ 5,060,022
Ending Balance
Account 6/30/2025
City Facilities $ 117,793
Administrative Expense $ 370,685
Reserve $ 306,293
Total $ 794,771

Project Status
The construction and acquisition of facilities is ongoing.

1942
52 | P a g e

Community Facilities District No. 40
Emerald Park Facilities
Location
Community Facilities District No. 40 (Emerald Park Facilities) is located east of Archibald Avenue, west of Broadway Avenue, south of La Avenida Drive and north of Ontario Ranch Road. CFD No. 40 is a Facilities CFD comprised of approximately 24 acres of residential development.

Authorized Facilities and Bonds
CFD No. 40 (Emerald Park Facilities ) was formed to finance major public improvements which include fiber optic system facilities, and streets and traffic circulation system facilities improvements for the benefit of residents within the district. The District has one series of bonds:

The Emerald Park Facilities Special Tax Bonds, Series 2020.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 40 (Emerald Park Facilities) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 493,374
Special Tax- Penalty $ 219
Special Tax- Prior $ 1,905
Total Special Tax Revenues $ 495,498

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 119,350
Bond Principal – 9/1/2024 $ 130,000
Bond Interest – 3/1/2025 $ 117,400
Administrative Expenses $ 66,613
Trustee Administrative Expense $ 2,350 Total Expenditures $ 435,713

1943
53 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2020 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2020
Issued
8/13/2020
Funding Sources:

Principal Amount of the Bonds $ 6,340,000
Original Issue Premium/(Discount) $ 663,463
Underwriter’s Discount $ (79,369)
Total $ 6,924,094

Usage:

BrookCal Ontario Acquisition Account $ 3,444,588 NMC Acquisition Account $ 2,910,106
Reserve Account $ 369,400
Cost of Issuance Account $ 200,000
Total $ 6,924,094
Ending Balance
Account 6/30/2025
BrookCal Ontario Acquisition $ 1,285,765
NMC Acquisition $ 126
City Facilities $ 104,873
Administrative Expense $ 155,813
Reserve $ 382,779
Total $ 1,929,356

Project Status
The construction and acquisition of facilities is ongoing.

1944
54 | P a g e

Community Facilities District No. 41
Canvas Park Facilities
Location
Community Facilities District No. 41 (Canvas Park Facilities) is located east of Haven Avenue, west of Hamner Avenu e, north of Ontario Ranch Road and south of Chino Avenue . CFD No. 4 1 is a Facilities CFD comprised of approximately 45 acres of residential development.

Authorized Facilities and Bonds
CFD No. 41 (Canvas Park Facilities ) was formed to finance major public improvements which include fiber optic system facilities, and streets and traffic circulation system facilities improvements for the benefit of residents within the district. The District has one series of bonds:

The Canvas Park Facilities Special Tax Bonds, Series 2022.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 4 1 (Canvas Park Facilities ) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 958,881
Special Tax- Penalty $ 652
Special Tax- Prior $ 3,682
Total Special Tax Revenues $ 963,215

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 268,600
Bond Principal – 9/1/2024 $ 255,000
Bond Interest – 3/1/2025 $ 263,500
Administrative Expenses $ 66,613
Trustee Administrative Expense $ 2,350 Total Expenditures $ 856,063

1945
55 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 202 3 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2022
Issued
2/10/2022
Funding Sources:

Principal Amount of the Bonds $ 13,845,000
Original Issue Premium/(Discount) $ 1,430,783
Underwriter’s Discount $ (156,588)
Total $ 15,119,195

Usage:

BrookCal Ontario Acquisition Account $ 6,000,000 NMC Acquisition Account $ 8,069,195
Reserve Account $ 793,000
Cost of Issuance Account $ 257,000
Total $ 15,119,195
Ending Balance
Account 6/30/2025
BrookCal Ontario Acquisition $ 2,370,138
NMC Acquisition $ 269
City Facilities $ 58,680
Administrative Expense $ 146,585
Reserve $ 821,721
Total $ 3,397,393

Project Status
The construction and acquisition of facilities is ongoing.

1946
56 | P a g e

Community Facilities District No. 42
West Haven
Location
Community Facilities District No. 42 (West Haven) is located east of Turner Avenue, west of Haven Avenue, south of Riverside Drive and north of Schaefer Avenue. CFD No. 42 is a Facilities CFD comprised of approximately 47 acres of residential development.

Authorized Facilities and Bonds
CFD No. 42 (West Haven) was formed to finance major public improvements which include water and recycled water system facilities, sewer system facilities, streets and traffic circulation system facilities, storm drain system facilities, and fiber optic system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The West Haven Special Tax Bonds, Series 2022.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 42 (West Haven) from July 1, 202 4 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 584,281
Special Tax- Penalty $ 712 Special Tax- Prior $ 5,162
Total Special Tax Revenues $ 590,155

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 169,781 Bond Principal – 9/1/2024 $ 115,000 Bond Interest – 3/1/2025 $ 166,906 Administrative Expenses $ 66,614 Trustee Administrative Expense $ 2,350 Total Expenditures $ 520,651

1947
57 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2022 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2022
Issued
6/30/2022
Funding Sources:

Principal Amount of the Bonds $ 7,085,000
Original Issue Premium/(Discount) $ 53,628
Underwriter’s Discount $ (98,763)
Total $ 7,039,865

Usage:

STG Communities Acquisition Account $ 3,724,033
NMC Acquisition Account $ 2,624,832
Reserve Account $ 457,000
Cost of Issuance Account $ 234,000
Total $ 7,039,865
Ending Balance
Account 6/30/2025
STG Communities Acquisition $ 4,211,214
NMC Acquisition $ 669
City Facilities $ 20,643
Administrative Expense $ 161,094
Reserve $ 473,552
Total $ 4,867,172

Project Status
The construction and acquisition of facilities is ongoing.

1948
58 | P a g e

Community Facilities District No. 43
Park Place Facilities Phase IV
Location
Community Facilities District No. 43 (Park Place Facilities Phase IV) is located east of Parkplace Avenue, west of Haven Avenue, south of Eucalyptus Avenue and north of Parkview Street. CFD No. 43 is a Facilities CFD comprised of approximately 60 acres of residential development.

Authorized Facilities and Bonds
CFD No. 43 (Park Place Facilities Phase IV ) was formed to finance major public improvements which include fiber optic system facilities, and streets and traffic circulation system facilities improvements for the benefit of residents within the district. The District has one series of bonds:

The Park Place Facilities Phase IV Special Tax Bonds, Series 2020.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 43 (Park Place Facilities Phase IV) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 1,079,097
Special Tax- Penalty $ 599
Special Tax- Prior $ 4,777
Total Special Tax Revenues $ 1,084,473

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 294,250 Bond Principal – 9/1/2024 $ 320,000 Bond Interest – 3/1/2025 $ 287,650 Administrative Expenses $ 66,613 Trustee Administrative Expense $ 2,350 Total Expenditures $ 970,863

1949
59 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2020 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2020
Issued
7/30/2020
Funding Sources:

Principal Amount of the Bonds $ 15,795,000
Original Issue Premium/(Discount) $ 1,451,279
Underwriter’s Discount $ (174,619)
Total $ 17,071,660

Usage:

SL Ontario Acquisition Account $ 5,227,828
NMC Acquisition Account $ 10,718,331
Reserve Account $ 912,500
Cost of Issuance Account $ 213,000
Total $ 17,071,660
Ending Balance
Account 6/30/2025
City Facilities $ 1,337,522
Administrative Expense $ 130,307
Reserve $ 945,238
Total $ 2,413,067

Project Status
The construction and acquisition of facilities is ongoing.

1950
60 | P a g e

Community Facilities District No. 46
Avenue 176 Facilities
Location
Community Facilities District No. 4 6 (Avenue 176 Facilities ) is located east of Archibald Avenue, west of Turner Avenue, south of La Avenida Drive and north of Ontario Ranch Road. CFD No. 46 is a Facilities CFD comprised of approximately 37 acres of residential development.

Authorized Facilities and Bonds
CFD No. 46 (Avenue 176 Facilities ) was formed to finance major public improvements which include fiber optic system facilities, and streets and traffic circulation system facilities improvements for the benefit of residents within the district. The District has one series of bonds:

The Avenue 176 Facilities Special Tax Bonds, Series 2021.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 46 (Avenue 176 Facilities) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 537,250
Special Tax- Penalty $ 299 Special Tax- Prior $ 1,078
Total Special Tax Revenues $ 538,627

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 137,300 Bond Principal – 9/1/2024 $ 135,000 Bond Interest – 3/1/2025 $ 134,600 Administrative Expenses $ 66,613 Trustee Administrative Expense $ 2,350 Total Expenditures $ 475,863

1951
61 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2021 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Sources and Uses of Bond Proceeds
Series 2021
Issued
5/13/2021
Funding Sources:

Principal Amount of the Bonds $ 7,130,000
Original Issue Premium/(Discount) $ 878,991
Underwriter’s Discount $ (88,969)
Total $ 7,920,022

Usage:

Lennar Acquisition Account $ 1,291,641
NMC Acquisition Account $ 5,974,981
Reserve Account $ 414,400
Cost of Issuance Account $ 239,000
Total $ 7,920,022
Ending Balance
Account 6/30/2025
NMC Acquisition $ 1,665
City Facilities $ 114,657
Administrative Expense $ 176,305
Reserve $ 429,409
Total $ 722,036

Project Status
The construction and acquisition of facilities is ongoing.

1952
62 | P a g e

Community Facilities District No. 53
Tevelde Facilities
Location
Community Facilities District No. 53 (Tevelde Facilities) is located east of Cucamonga Channel, west of Archibald Avenue, south of Eucalyptus Avenue, and north of Merrill Avenue. CFD No. 53 is a Facilities CFD comprised of approximately 87 acres of residential development.

Authorized Facilities and Bonds
CFD No. 53 (Tevelde Facilities) was formed to finance major public improvements which include water and recycled water system facilities, streets and traffic circulation system facilities, storm drain system facilities, and fiber optic system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The Tevelde Facilities Special Tax Bonds, Series 2021.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 53 (Tevelde Facilities) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 1,470,121
Special Tax- Penalty $ 1,337
Special Tax- Prior $ 9,486
Total Special Tax Revenues $ 1,480,944

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 421,000 Bond Principal – 9/1/2024 $ 420,000 Bond Interest – 3/1/2025 $ 412,600 Administrative Expenses $ 66,613 Trustee Administrative Expense $ 2,350 Total Expenditures $ 1,322,563

1953
63 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2021 Bond Proceeds, and the June 30, 2025 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2021
Issued
8/26/2021
Funding Sources:

Principal Amount of the Bonds $ 21,455,000
Original Issue Premium/(Discount) $ 3,172,006
Underwriter’s Discount $ (229,988)
Total $ 24,397,018

Usage:

LS-Ontario Acquisition Account $ 4,579,246
NMC Acquisition Account $ 18,302,372
Reserve Account $ 1,265,400
Cost of Issuance Account $ 250,000
Total $ 24,397,018
Ending Balance
Account 6/30/2025
City Facilities $ 114,657
Administrative Expense $ 173,955
Reserve $ 429,409
Total $ 718,021

Project Status
The construction and acquisition of facilities is ongoing.

1954
64 | P a g e

Community Facilities District No. 54
Esperanza Facilities
Location
Community Facilities District No. 54 (Esperanza Facilities) is located west of Hamner Avenue, east of Mill Creek Avenue, south of Chatham Street and north of Eucalyptus Avenue. CFD No. 54 is a Facilities CFD comprised of approximately 26 acres of residential development.

Authorized Facilities and Bonds
CFD No. 54 (Esperanza Facilities) was formed to finance major public improvements which include streets and traffic circulation system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The Esperanza Facilities Special Tax Bonds, Series 2022.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 5 4 (Esperanza Facilities) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 488,379
Special Tax- Penalty $ 1,434
Special Tax- Prior $ 9,522
Total Special Tax Revenues $ 499,335

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 137,662 Bond Principal – 9/1/2024 $ 105,000 Bond Interest – 3/1/2025 $ 135,563 Administrative Expenses $ 66,613 Trustee Administrative Expense $ 2,350 Total Expenditures $ 447,188

1955
65 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2022 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2022
Issued
5/12/2022
Funding Sources:

Principal Amount of the Bonds $ 6,135,000
Original Issue Premium/(Discount) $ 83,830
Underwriter’s Discount $ (81,913)
Total $ 6,136,918

Usage:

GDC/CDG Esperanza Acquisition Account $ 859,769 NMC Acquisition Account $ 4,653,724
Reserve Account $ 381,425
Cost of Issuance Account $ 242,000
Total $ 6,136,918
Ending Balance
Account 6/30/2025
GDC/CDG Esperanza Acquisition $ 135,332
NMC Acquisition $ 282
City Facilities $ 13,518
Administrative Expense $ 193,662
Reserve $ 395,240
Total $ 738,034

Project Status
The construction and acquisition of facilities is ongoing.

1956
66 | P a g e

Community Facilities District No. 66
Olive & Oleander Facilities
Location
Community Facilities District No. 66 (Olive & Oleander Facilities ) is located east of Mill Creek Avenue, west of Hamner Avenue, south of Ontario Ranch Road and north of Edison Avenue. CFD No. 66 is a Facilities CFD comprised of approximately 108 acres of residential development.

Authorized Facilities and Bonds
CFD No. 66 (Olive & Oleander Facilities) was formed to finance major public improvements which include water and recycled water system facilities, sewer system facilities, fiber optic system facilities and streets and traffic circulation system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The Olive and Oleander Facilities Special Tax Bonds, Series 2024.

Funds Collected and Expended
The table below shows the amount of special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 66 (Olive & Oleander Facilities) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 826,318
Total Special Tax Revenues $ 826,318

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ - Bond Principal – 9/1/2024 $ - Bond Interest – 3/1/2025 $ 320,408
Administrative Expenses $ 30,555
Total Expenditures $ 350,963

1957
67 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Usage of the Series 2022 Bond Proceeds, and the June 30, 2025 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastr ucture improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2024
Issued
7/18/2024
Funding Sources:

Principal Amount of the Bonds $ 10,345,000
Original Issue Premium/(Discount) $ 346,796 Underwriter’s Discount $ (155,000)
Total $ 10,536,796

Usage:

Shea Homes Acquisition Account $ 9,391,694
Reserve Account $ 679,032
City Park Account $ 61,070
Cost of Issuance Account $ 405,000
Total $ 10,536,796
Ending Balance
Account 6/30/2025
Shea Homes Acquisition $ 10,149,941
NMC Acquisition $ 8,298
Reserve $ 702,554
Total $ 10,860,793

Project Status
The construction and acquisition of facilities is ongoing.

1958
68 | P a g e

City of Ontario
Summary of Facilities Community Facilities Districts
Special Taxes Levied and Expended for Fiscal Year 2024-25 (As Required by CA Govt. Code Section 50075.3 and 53411)

CFD
No. CFD Name
Fund
2024-25
Special Tax
Current
2024-25
Special Tax
Penalty
2024-25
Special Tax
Prior
2024-25 Total
Special Tax
Revenue Debt Service
Administrative
Expenses
Trustee
Administrative
Expense
2024-25 Total
Expenditures
13 California Commerce Center- Phase IV 8610 308,437$ -$ -$ 308,437$ 259,300$ 38,737$ 2,350$ 300,387$ 24 Park Place Facilities Phase 1 8620 1,068,062$ 1,770$ 10,814$ 1,080,646$ 982,694$ 60,040$ 2,135$ 1,044,869$ 25 Park Place Facilities Phase II 8620 659,601$ 473$ 2,629$ 662,703$ 515,925$ 64,897$ 2,350$ 583,172$ 26 Park Place Facilities Phase III 8620 677,984$ 8,507$ 19,343$ 705,834$ 536,300$ 61,364$ 2,350$ 600,014$ 28 New Haven Facilities - Area A 8620 674,635$ 2,139$ 12,275$ 689,049$ 556,369$ 58,078$ 2,500$ 616,947$ 30 New Haven Facilities - Area B 8620 960,014$ 1,100$ 7,258$ 968,372$ 791,119$ 63,230$ 2,350$ 856,698$ 33 Archibald/Schaefer - Facilities 8620 497,575$ -$ -$ 497,575$ 372,350$ 66,613$ 2,350$ 441,313$ 34 Countryside Phase I North - Facilities 8620 533,364$ 701$ 4,832$ 538,897$ 450,806$ 63,230$ 2,350$ 516,386$ 35 Countryside Phase II South - Facilities 8620 897,252$ -$ -$ 897,252$ 358,576$ 24,181$ -$ 382,757$ 38 Park & Turner NE Facilities 8620 797,421$ 1,703$ 6,810$ 805,934$ 639,169$ 64,897$ 2,350$ 706,415$ 39 New Haven Facilities - Area C 8620 406,916$ -$ -$ 406,916$ 289,688$ 64,897$ 2,350$ 356,934$ 40 Emerald Park Facilities 8620 493,374$ 219$ 1,905$ 495,498$ 366,750$ 66,613$ 2,350$ 435,713$ 41 Canvas Park Facilities 8620 958,881$ 652$ 3,682$ 963,215$ 787,100$ 66,613$ 2,350$ 856,063$ 42 West Haven 8620 584,281$ 712$ 5,162$ 590,155$ 451,688$ 66,613$ 2,350$ 520,651$ 43 Park Place Facilities Phase IV 8620 1,079,097$ 599$ 4,777$ 1,084,473$ 901,900$ 66,613$ 2,350$ 970,863$ 46 Avenue 176 Facilities 8620 537,250$ 299$ 1,078$ 538,627$ 406,900$ 66,613$ 2,350$ 475,863$ 53 Tevelde Facilities 8620 1,470,121$ 1,337$ 9,486$ 1,480,944$ 1,253,600$ 66,613$ 2,350$ 1,322,563$ 54 Esperanza Facilities 8620 488,379$ 1,434$ 9,522$ 499,335$ 378,225$ 66,613$ 2,350$ 447,188$ 66 Olive & Oleander 8620 826,318$ -$ -$ 826,318$ 320,408$ 30,555$ -$ 350,963$ Total 13,918,962$ 21,645$ 99,573$ 14,040,180$ 10,618,865$ 1,127,011$ 39,885$ 11,785,761$ 1959
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Ontario Services and Facilities CFDs

1960
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Community Facilities District No. 31
Carriage House / Amberly Lane
Location
Community Facilities District No. 31 (Carriage House / Amberly Lane) is located east of Turner Avenue, west of Haven Avenue, south of Chino Avenue and north of Schaefer Avenue. CFD No. 31 is a combination Facilities (Special Tax A) and Services (Special Tax B) CFD comprised of approximately 31 acres of residential development, which also provides for ongoing City Services.

Authorized Facilities and Bonds
CFD No. 31 (Carriage House / Amberly Lane) was formed to finance major public improvements which include water and recycled water system facilities, streets and traffic circulation system facilities, and fiber optic system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The Carriage House / Amberly Lane Special Tax Bonds, Series 2017.

Special Tax A Funds Collected and Expended1
The table below shows the amount of facilities special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 31 (Carriage House / Amberly Lane) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 393,371
Total Special Tax Revenues $ 393,371

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 95,871
Bond Principal – 9/1/2024 $ 115,000
Bond Interest – 3/1/2025 $ 93,571
Administrative Expenses $ 61,663
Trustee Administrative Expense $ 2,780 Total Expenditures $ 368,885
1Special Tax A- Facilities

1961
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Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2017 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2017
Issued
8/24/2017
Funding Sources:

Principal Amount of the Bonds $ 5,075,000
Original Issue Premium/(Discount) $ 305,418
Underwriter’s Discount $ (63,438)
Total $ 5,316,981

Usage:

Lennar Acquisition Account $ 1,123,455
NMC Acquisition Account $ 3,687,388
Reserve Account $ 311,343
Cost of Issuance Account $ 194,796
Total $ 5,316,981
Ending Balance
Account 6/30/2025
City Facilities $ 24,134
Administrative Expense $ 356,399
Reserve $ 311,343
Total $ 691,876

Project Status
The construction and acquisition of facilities is ongoing.

1962
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Special Tax B Funds Collected and Expended2
The table below shows the amount of special taxes collected and the expenditures made to fund the Special Districts Cost of Services and incidental expenses of CFD No. 31 (Carriage House / Amberly Lane) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 196,084
Total Special Tax Revenues $ 196,084

FY 2024-25 Expenditures
Special Districts Cost of Services $ 121,846 Administrative Expenses $ 47,647 Total Expenditures $ 169,493
2 Special Tax B- Services

Project Status
This CFD provides for ongoing City Services.

1963
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Community Facilities District No. 45
Northpark and Countryside
Location
Community Facilities District No. 45 (Northpark and Countryside) is located west of Turner Avenue, east of Cucamonga Creek Channel, south of Riverside Drive and north of Parkview Street. CFD No. 45 is a combination Facilities (Special Tax A) and Services (Special Tax B) CFD comprised of approximately 46 acres of residential development, which also provides for ongoing City Services.

Authorized Facilities and Bonds
CFD No. 45 (Northpark and Countryside) was formed to finance major public improvements which include fiber optic system facilities, streets and traffic circulation system facilities, and storm drain facilities improvements for the benefit of residents within the district. The District has one series of bonds: The Northpark and Countryside Special Tax Bonds, Series 2020.

Special Tax A Funds Collected and Expended1
The table below shows the amount of facilities special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 45 (Northpark and Countryside) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 632,459
Special Tax- Penalty $ 10,353
Special Tax- Prior $ 17,424
Total Special Tax Revenues $ 660,236

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 162,025 Bond Principal – 9/1/2024 $ 175,000 Bond Interest – 3/1/2025 $ 158,525 Administrative Expenses $ 66,665 Trustee Administrative Expense $ 2,350 Total Expenditures $ 564,565
1Special Tax A- Facilities

1964
74 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2020 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2020
Issued
11/05/2020
Sources:

Principal Amount of the Bonds $ 9,000,000
Original Issue Premium/(Discount) $ 625,340 Underwriter’s Discount $ (107,869)
Total $ 9,517,471

Usage:

KB Home Acquisition Account $ 1,811,371
NMC Acquisition Account $ 6,964,100
Reserve Account $ 504,000
Cost of Issuance Account $ 238,000
Total $ 9,517,471
Ending Balance
Account 6/30/2025
KB Home Acquisition $ 1,283,349
NMC Acquisition $ 171
City Facilities $ 149,667
Administrative Expense $ 143,661
Reserve $ 522,254
Total $ 2,099,102

Project Status
The construction and acquisition of facilities is ongoing.

1965
75 | P a g e

Special Tax B Funds Collected and Expended2
The table below shows the amount of special taxes collected and the expenditures made to fund the Special Districts Cost of Services and incidental expenses of CFD No. 45 (Northpark and Countryside) from July 1, 2024 through June 30, 2025. This CFD provides for ongoing City Services.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 326,349
Special Tax- Penalty $ 5,507
Special Tax- Prior $ 9,144
Total Special Tax Revenues $ 341,000

FY 2024-25 Expenditures
Special Districts Cost of Services $ 239,401 Administrative Expenses $ 51,336 Total Expenditures $ 290,737
2 Special Tax B- Services

Project Status
This CFD provides for ongoing City Services.

1966
76 | P a g e

Community Facilities District No. 52
Sundance Park
Location
Community Facilities District No. 52 (Sundance Park) is relegated to two separate zone locations:

Zone 1 is located south of Chino Avenue, east of Heaven Avenue, west of Mill Creek Avenue and north of Eame Street ; Zone 2 is located south of Ontario Ranch Road, east of Haven Avenue, west of Cleveland Avenue and north of Edison Avenue. CFD No. 52 is a combination Facilities (Special Tax A) and Services (Special Tax B) CFD comprised of approximately 33 acres of residential development, which also provides for ongoing City Services.

Special Tax A Funds Collected and Expended1

The table below shows the amount of facilities special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 52 (Sundance Park) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 235,398
Total Special Tax Revenues $ 235,398

FY 2024-25 Expenditures
Administrative Expenses $ 10,188 Total Expenditures $ 10,188
1Special Tax A- Facilities

Project Status
The construction and acquisition of facilities is ongoing.

1967
77 | P a g e

Special Tax B Funds Collected and Expended2
The table below shows the amount of special taxes collected and the expenditures made to fund the Special Districts Cost of Services and incidental expenses of CFD No. 52 (Sundance Park) from July 1, 2024 through June 30, 2025. This CFD provides for ongoing City Services.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ -
Total Special Tax Revenues $ -

FY 2024-25 Expenditures
Special Districts Cost of Services $ - Total Expenditures $ -
2 Special Tax B- Services

Project Status
The CFD Services District (Tax Zone 1) was not levied in FY 2024-25.

1968
78 | P a g e

Community Facilities District No. 55
Parklane
Location
Community Facilities District No. 55 (Parklane) is located west of Haven Avenue, east of Monarch Place, south of Parkview Street and north of Merrill Avenue. CFD No. 55 is a combination Facilities (Special Tax A) and Services (Special Tax B) CFD comprised of approximately 52 acres of residential development, which also provides for ongoing City Services.

Authorized Facilities and Bonds
CFD No. 55 (Parklane) was formed to finance major public improvements which include water and recycled water system facilities, streets and traffic circulation system facilities, and fiber optic system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The Parklane Special Tax Bonds, Series 2022.

Special Tax A Funds Collected and Expended1
The table below shows the amount of facilities special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 55 (Parklane) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 753,408
Special Tax- Penalty $ 2,510
Special Tax- Prior $ 14,533
Total Special Tax Revenues $ 770,451

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 232,625 Bond Principal – 9/1/2024 $ 140,000 Bond Interest – 3/1/2025 $ 229,125 Administrative Expenses $ 66,665 Trustee Administrative Expense $ 2,350 Total Expenditures $ 670,765
1Special Tax A- Facilities

1969
79 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2022 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2022
Issued
12/14/2022
Funding Sources:

Principal Amount of the Bonds $ 9,395,000
Original Issue Premium/(Discount) $ 126,402 Underwriter’s Discount $ (121,375)
Total $ 9,400,027

Usage:

Lennar Acquisition Account $ 4,018,031
NMC Acquisition Account $ 4,526,746
Reserve Account $ 608,250
Cost of Issuance Account $ 247,000
Total $ 9,400,027
Ending Balance
Account 6/30/2025
Lennar Acquisition $ 4,497,715
NMC Acquisition $ 5,224,298
City Facilities $ 23,108
Administrative Expense $ 148,442
Reserve $ 630,280
Total $ 10,523,843

Project Status
The construction and acquisition of facilities is ongoing.

1970
80 | P a g e

Special Tax B Funds Collected and Expended2
The table below shows the amount of special taxes collected and the expenditures made to fund the Special Districts Cost of Services and incidental expenses of CFD No. 55 (Parklane) from July 1, 2024 through June 30, 2025. This CFD provides for ongoing City Services.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 307,838
Special Tax- Penalty $ 1,000
Special Tax- Prior $ 5,775
Total Special Tax Revenues $ 314,613

FY 2024-25 Expenditures
Special Districts Cost of Services $ 207,821 Administrative Expenses $ 51,336
Total Expenditures $ 259,157
2 Special Tax B- Services

Project Status
This CFD provides for ongoing City Services.

1971
81 | P a g e

Community Facilities District No. 56
Parkside/La Avenida
Location
Community Facilities District No. 56 (Parkside/La Avenida ) is relegated to three separate zone locations: Zone 1 is located south of Schaefer Avenue, east of Archibald Avenue, west of Turner Avenue and north of La Avenida Drive; Zone 2 is located south of Edison Avenue, east of Cucamonga Creek Channel, west of Archibald Avenue and north of Eucalyptus Avenue; Zone 3 is located south of Merrill Avenue, west of Haven Avenue, east of Archibald Avenue and north of the County Line Channel . CFD No. 56 is a combination Facilities (Special Tax A) and Services (Special Tax B) CFD comprised of approximately 51 acres of residential development, which also provides for ongoing City Services.

Authorized Facilities and Bonds
CFD No. 56 (Parkside/La Avenida ) was formed to finance major public improvements which include street improvements, water and sewer facilities, storm drain facilities and other public infrastructure improvements for the benefit of residents within the district. The District has one series of bonds: The Parkside/La Avenida Tax Bonds, Series 2023.

Special Tax A Funds Collected and Expended1
The table below shows the amount of facilities special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 56 (Parkside/La Avenida) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 1,525,647
Special Tax- Penalty $ 817 Special Tax- Prior $ 7,080
Total Special Tax Revenues $ 1,533,544

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 507,906 Bond Principal – 9/1/2024 $ 275,000 Bond Interest – 3/1/2025 $ 502,406 Trustee Administrative Expense $ 2,350 Administrative Expenses $ 66,665
Total Expenditures $ 1,354,327
1Special Tax A- Facilities

1972
82 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Usage of the Series 202 3 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds
Series 2023
Issued
12/07/2023
Funding Sources:

Principal Amount of the Bonds $ 9,395,000
Original Issue Premium/(Discount) $ 126,402 Underwriter’s Discount $ (121,375)
Total $ 9,400,027

Usage:

Lennar Acquisition Account $ 4,018,031
NMC Acquisition Account $ 4,526,746
Reserve Account $ 608,250
Cost of Issuance Account $ 247,000
Total $ 9,400,027
Ending Balance
Account 6/30/2025
SC Acquisition $ 12,062
NMC Acquisition (Tax Zone 1) $ 4,665
NMC Acquisition (Tax Zone 2) $ 29,468
NMC Acquisition (Tax Zone 3) $ 1,173
City Park $ 37,773
Reserve $ 1,360,398
Total $ 1,445,539

Project Status
The construction and acquisition of facilities is ongoing.

1973
83 | P a g e

Special Tax B Funds Collected and Expended2
The table below shows the amount of special taxes collected and the expenditures made to fund the Special Districts Cost of Services and incidental expenses of CFD No. 56 (Parkside/La Avenida) from July 1, 2024 through June 30, 2025. This CFD provides for ongoing City Services.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 413,422
Special Tax- Penalty $ 209
Special Tax- Prior $ 2,166
Total Special Tax Revenues $ 415,797

FY 2024-25 Expenditures
Special Districts Cost of Services $ 313,103 Administrative Expenses $ 52,812
Total Expenditures $ 365,915
2 Special Tax B- Services

Project Status
This CFD provides for ongoing City Services.

1974
84 | P a g e

Community Facilities District No. 57
Neuhouse
Location
Community Facilities District No. 57 (Neuhouse) is located west of Mill Creek Avenue, east of Haven Avenue, generally north of Peckham Paseo and south of Chino Avenue . CFD No. 57 is a combination Facilities (Special Tax A) and Services (Special Tax B) CFD comprised of approximately 30 acres of residential development, which also provides for ongoing City Services.

Authorized Facilities and Bonds
CFD No. 57 (Neuhouse) was formed to finance major public improvements which water and recycled water system facilities, sewer system facilities, storm drain system facilities, streets and traffic circulation system facilities, and fiber optic system facilities improvements for the benefit of residents within the district. The District has one series of bonds: The Neuhouse Special Tax Bonds, Series 2022.

Special Tax A Funds Collected and Expended1
The table below shows the amount of facilities special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 57 (Neuhouse) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 980,801
Special Tax- Penalty $ 1,749 Special Tax- Prior $ 7,841
Total Special Tax Revenues $ 990,391

FY 2024-25 Expenditures
Bond Interest – 9/1/2024 $ 300,925 Bond Principal – 9/1/2024 $ 215,000 Bond Interest – 3/1/2025 $ 295,550 Administrative Expenses $ 66,665 Trustee Administrative Expense $ 2,350 Total Expenditures $ 880,490
1Special Tax A- Facilities

1975
85 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Us age of the Series 2022 Bond Proceeds, and the June 30, 202 5 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds Series 2022 Issued 9/15/2022
Funding Sources:

Principal Amount of the Bonds $ 12,915,000
Original Issue Premium/(Discount) $ 66,247 Underwriter’s Discount $ (155,563)
Total $ 12,825,684

Usage:

LS-Ontario II Acquisition Account $ 5,215,246
NMC Acquisition Account $ 6,541,888
Reserve Account $ 818,550
Cost of Issuance Account $ 250,000
Total $ 12,825,684
Ending Balance
Account 6/30/2025
City Facilities $ 43,021
Administrative Expense $ 89,230
Reserve $ 848,197
Total $ 980,448

Project Status
The construction and acquisition of facilities is ongoing.

1976
86 | P a g e

Special Tax B Funds Collected and Expended2
The table below shows the amount of special taxes collected and the expenditures made to fund the Special Districts Cost of Services and incidental expenses of CFD No. 57 (Neuhouse) from July 1, 2024 through June 30, 2025. This CFD provides for ongoing City Services.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 411,842
Special Tax- Penalty $ 845 Special Tax- Prior $ 3,753
Total Special Tax Revenues $ 416,440

FY 2024-25 Expenditures
Special Districts Cost of Services $ 302,365 Administrative Expenses $ 55,468 Total Expenditures $ 357,833
2 Special Tax B- Services

Project Status
This CFD provides for ongoing City Services.

1977
87 | P a g e

Community Facilities District No. 64
Sunset Ranch
Location
Community Facilities District No. 64 (Sunset Ranch ) is relegated to two separate zone locations:

Zone 1 is located south of Edison Ave, east of Cleveland Ave, west of Hamner Ave and north of Eucalyptus Ave; Zone 2 is located south of Chino Ave, east of Ontario Ave, west of Archibald and north of Vista St; CFD No. 64 is a combination Facilities (Special Tax A) and Services (Special Tax B) CFD comprised of approximately 61 acres of residential development, which also provides for ongoing City Services.

Special Tax A Funds Collected and Expended1
The table below shows the amount of facilities special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 64 (Sunset Ranch) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 1,889,438
Total Special Tax Revenues $ 1,889,438

FY 2024-25 Expenditures
Administrative Expenses $ 18,711 Total Expenditures $ 18,711
1Special Tax A- Facilities

1978
88 | P a g e

Original Funding Sources and Usage of Bond Proceeds
The following table shows the Original Funding Sources and Usage of the Series 202 4 Bond Proceeds, and the June 30, 2025 ending account balances. The amounts levied pay the administrative expenses, debt service (principal and interest) and future infrastructure improvements funded or constructed by the City.

Original Funding Sources and Usage of Bond Proceeds Series 2024 Issued 12/5/2024
Funding Sources:

Principal Amount of the Bonds $ 27,860,000
Original Issue Premium/(Discount) $ 1,387,925
Underwriter’s Discount $ (330,240)
Total $ 28,917,685

Usage:

KB Home Acquisition Account $ 2,743,205
NMC Acquisition Account $ 17,468,298
Reserve Account $ 1,774,750
City Park Account $ 6,561,432
Cost of Issuance Account $ 370,000
Total $ 28,917,685
Ending Balance
Account 6/30/2025
Cost of Issuance $ 5,732
Reserve $ 1,809,749
NMC Acquisition Account $ 17,812,776
KB Home Acquisition Account $ 3,831,747
Total $ 23,460,004

Project Status
The construction and acquisition of facilities is ongoing.

1979
89 | P a g e

Special Tax B Funds Collected and Expended2
The table below shows the amount of special taxes collected and the expenditures made to fund the Special Districts Cost of Services and incidental expenses of CFD No. 64 (Sunset Ranch) from July 1, 2024 through June 30, 2025. This CFD provides for ongoing City Services.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 532,849
Total Special Tax Revenues $ 532,849

FY 2024-25 Expenditures
Special Districts Cost of Services $ 423,575 Administrative Expenses $ 55,025 Total Expenditures $ 478,600
2 Special Tax B- Services

Project Status
This CFD provides for ongoing City Services.

1980
90 | P a g e

Community Facilities District No. 65
Falloncrest
Location
Community Facilities District No. 65 (Falloncrest) is located west of Broadway Ave, east of Archibald Ave, north of Grand Park St and south of Ontario Ranch Road. CFD No. 65 is a combination Facilities (Special Tax A) and Services (Special Tax B) CFD comprised of approximately 22.66 gross acres of residential development, which also provides for ongoing City Services.

Special Tax A Funds Collected and Expended1
The table below shows the amount of facilities special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 65 (Falloncrest) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 327,754
Total Special Tax Revenues $ 327,754

FY 2024-25 Expenditures
Administrative Expenses $ 16,328 Total Expenditures $ 16,328
1Special Tax A- Facilities

Project Status
Bonds will be issued in February 2026; the construction and acquisition of facilities is ongoing.

1981
91 | P a g e

Special Tax B Funds Collected and Expended2
The table below shows the amount of special taxes collected and the expenditures made to fund the Special Districts Cost of Services and incidental expenses of CFD No. 65 (Falloncrest) from July 1, 2024 through June 30, 2025. This CFD provides for ongoing City Services.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 105,189
Total Special Tax Revenues $ 105,189

FY 2024-25 Expenditures
Special Districts Cost of Services $ 18,052 Administrative Expenses $ 43,957 Total Expenditures $ 62,009
2 Special Tax B- Services

Project Status
This CFD provides for ongoing City Services.

1982
92 | P a g e

Community Facilities District No. 71
Neuhouse Phase 2
Location
Community Facilities District No. 71 (Neuhouse Phase 2 ) is relegated to two separate zone locations: Zone 1 is located south of Chino Avenue, east of Twinkle Avenue, west of Mill Creek Avenue and north of Schaeffer Avenue; Zone 2 is located south of Riverside Drive, east of Clover Place, west of Haven Avenue and north of Chino Ave; CFD No. 71 is a combination Facilities (Special Tax A) and Services (Special Tax B) CFD comprised of approximately 29 acres of residential development, which also provides for ongoing City Services.

Special Tax A Funds Collected and Expended1
The table below shows the amount of facilities special taxes collected and the expenditures made to fund the authorized facilities and incidental expenses of CFD No. 71 (Sunset Ranch) from July 1, 2024 through June 30, 2025.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 132,959
Total Special Tax Revenues $ 132,959

FY 2024-25 Expenditures
Administrative Expenses $ 22,295 Total Expenditures $ 22,295
1Special Tax A- Facilities

Project Status
Bonds issued in November 2025; the construction and acquisition of facilities is ongoing.

1983
93 | P a g e

Special Tax B Funds Collected and Expended2
The table below shows the amount of special taxes collected and the expenditures made to fund the Special Districts Cost of Services and incidental expenses of CFD No. 71 (Nuehouse Phase 2) from July 1, 2024 through June 30, 2025. This CFD provides for ongoing City Services.

Description Amount
FY 2024-25 Special Tax
Special Tax- Current $ 42,799
Total Special Tax Revenues $ 42,799

FY 2024-25 Expenditures
Special Districts Cost of Services $ 28,471 Administrative Expenses $ 14,328 Total Expenditures $ 42,799
2 Special Tax B- Services

Project Status
This CFD provides for ongoing City Services.

1984
94 | P a g e

City of Ontario
Summary of Services & Facilities Community Facilities Districts Special Taxes Levied and Expended for Fiscal Year 2024-25

(As Required by CA Govt. Code Section 50075.3 and/or 53411)

CFD
No. CFD Name Fund
2024-25
Special Tax
Current
2024-25
Special Tax
Penalty
2024-25
Special
Tax Prior
2024-25
Special Tax
Revenue
Debt
Service
Administrative
Expenses
Trustee
Administrative
Expenses
Special
Districts Cost
of Services
2024-25
Total
Expenditures
31-A Carriage House / Amberly Lane - A 8620 393,371$ -$ -$ 393,371$ 304,443$ 61,663$ 2,780$ -$ 368,886$ 31-B Carriage House / Amberly Lane - B 2920 196,084$ -$ -$ 196,084$ -$ 47,647$ -$ 121,846$ 169,493$ 45-A Northpark and Countryside - A 8620 632,459$ 10,353$ 17,424$ 660,236$ 495,550$ 66,665$ 2,350$ -$ 564,565$ 45-B Northpark and Countryside - B 2920 326,349$ 5,507$ 9,144$ 341,000$ -$ 51,336$ -$ 239,401$ 290,737$ 52-A Sundance Park - A 8620 235,398$ -$ -$ 235,398$ -$ 10,188$ -$ -$ 10,188$ 52-B Sundance Park - B 2920 -$ -$ -$ -$ -$ -$ -$ -$ -$ 55-A Parklane - A 8620 753,408$ 2,510$ 14,533$ 770,451$ 601,750$ 66,665$ 2,350$ -$ 670,765$ 55-B Parklane - B 2920 307,838$ 1,000$ 5,775$ 314,613$ 51,336$ -$ 207,821$ 259,157$ 56-A Parkside/La Avenida - A 8620 1,525,647$ 817$ 7,080$ 1,533,544$ 1,285,312$ 66,665$ 2,350$ -$ 1,354,327$ 56-B Parkside/La Avenida - B 2920 413,422$ 209$ 2,166$ 415,797$ -$ 52,812$ -$ 313,103$ 365,915$ 57-A Neuhouse - A 8620 980,801$ 1,749$ 7,841$ 990,391$ 811,475$ 66,665$ 2,350$ -$ 880,490$ 57-B Neuhouse - B 2920 411,842$ 845$ 3,753$ 416,440$ -$ 55,468$ -$ 302,365$ 357,833$ 64-A Sunset Ranch A 8620 1,889,438$ -$ -$ 1,889,438$ -$ 18,711$ -$ -$ 18,711$ 64-B Sunset Ranch B 2920 532,849$ -$ -$ 532,849$ -$ 55,025$ -$ 423,575$ 478,600$ 65-A Falloncrest - A 8620 327,754$ -$ -$ 327,754$ -$ 16,328$ -$ -$ 16,328$ 65-B Falloncrest - B 2920 105,189$ -$ -$ 105,189$ -$ 43,957$ -$ 18,052$ 62,009$ 71-A Neuhouse Phase 2 - A 8620 132,959$ -$ -$ 132,959$ -$ 22,295$ -$ -$ 22,295$ 71-B Neuhouse Phase 2 - B 2920 42,799$ -$ -$ 42,799$ -$ 14,328$ -$ 28,471$ 42,799$ Total 9,207,607$ 22,990$ 67,716$ 9,298,313$ 3,498,530$ 767,754$ 12,180$ 1,654,634$ 5,933,098$ Special Tax A- Facilities | Special Tax B- Services
1985
Department: Management Services
Prepared By: Claudia Y Isbell
Staff Member Presenting: Darlene M. Sanchez,
Assistant City Manager
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT:

A CITY COUNCIL ORDINANCE ESTABLISHING HOTEL EMPLOYEE SAFETY

REGULATIONS

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council introduce and waive further reading of an Ordinance establishing safety regulations for hotel employees.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT:

There is no fiscal impact directly related to the introduction of this Ordinance.

BACKGROUND & ANALYSIS:

The City of Ontario’s reputation as a Business-Friendly City extends to the ongoing and continuous improvement to infrastructure, public safety and quality of life for its residents and businesses. As a result of a recent initiative effort, City Staff has drafted an Ordinance establishing regulations to protect hotel workers, thereby helping to keep hotel workers in the City of Ontario safe.

The Ordinance being introduced is designed to create and strengthen workplace safety for hotel employees.

Key highlights of this Ordinance include:

Requirement of hotels to maintain dependable emergency response systems by designating trained personnel, such as security staff or on-duty managers, who are responsible for responding to alerts.

At least one trained responder must be present at all times, and the training must cover hotel procedures, device operation, and the rights afforded to employees under the ordinance.

Hotel employees may keep guest room doors open while cleaning, and employees who report threatening or violent guest behavior must be reassigned away from the offending guest upon request.

Prohibits retaliation, requires employers to allow employees time to contact law enforcement, and mandates cooperation with any police investigation.

Hotels must also provide written notice of these rights and procedures in the primary 1986
languages spoken by more than ten employees.

Staff recognizes the need for an Ordinance establishing Hotel Worker Safety and recommends the City Council introduce and waive further reading of the Ordinance. 1987

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCI L OF THE CITY OF ONTARIO,

CALIFORNIA, ADOPTING HOTEL EMPLOYEE SAFETY REGULATIONS

WHEREAS, H otel employees who work by themselves could be vulnerable to crimes and other threatening behavior, including sexual assault; and

WHEREAS, this City of Ontario, by way of this Ordinance can enable hotel workers to protect their safety by requiring that hotel employers provide each hotel employee assigned to work in a guest room or restroom without other employees present, with personal safety devices which they may use to report threatening conduct by a hotel guest and other emergencies; and

WHEREAS, many instances of sexual assault go unreported to the police , this Ordinance also includes provisions that suppor t hotel employees' ability to report criminal and threatening guest behavior to the proper authorities; and

WHEREAS, the City of Ontario recognizes the threats to hotel employees and wishes to protect the safety of hotel employees.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby finds and determines that the recital s set forth above are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein.

SECTION 2. Definitions.

A. "Emergency" means an immediate threat to public safety or of substantial risk of property loss or destruction.

B. "Guest" means registered guests, others occupying guest rooms with registered guests, and visitors invited to guest rooms by a registered guest or other occupant of a guest room.

C. "Guest room" means a room made available by a hotel for transient occupancy.

D. "Hotel" means structures as defined by City of Ontario Municipal Code section 3-6.02, or suites of rooms, and includes motels as defined by City of Ontario Municipal Code section 3-6.02.

E. "Hotel employee" means any individual who is employed directly by the hotel employer or by a person who has contracted with t he hotel employer to work in guest rooms or restrooms without other employees present.

F. "Hotel employer" means a person who owns, controls, and/or operates a hotel in the City of Ontario , or a person who owns, controls, and/or operates any contracted, 1988

leased, or sublet premises connected to or operated in conjunction with the hotel's purpose.

G. "Personal safety device " means an emergency electronic geo-located contact device carried by a hotel employee by which the hotel employee may summon immediate on- scene assistance from a security guard or other person employed by the hotel.

H. "Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, assoc iation, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.

SECTION 3. Measures to protect hotel employees from harassment and assault.

A. Personal safety devices. A hotel employer shall provide a personal safety device to each hotel employee assigned to work in a guest room or restroom without other employees present, regardless of job classification, at no cost to the hotel employee. It is recognized that because of the varying size and physic al layout of each hotel, different devices may be appropriate for different hotels. A hotel employee may use the personal safety device if the hotel employee reasonably believes there is an ongoing crime, threatening behavior, or other emergency in the ho tel employee's presence. The hotel employee may cease work and leave the immediate area of danger to await the arrival of assistance.

B. Hotels shall designate security personnel or on duty managers as being responsi ble for responding to personal safety device alerts. Such individuals should receive a minimum of two (2) hours of training on the Hotel’s procedures for response, the functioning and operation of the personal safety devices and employee rights as delineated in this Chapter. The Hotel shall have at least one (1) such designated and trained individual on duty at all times.

C. Hotel employees' rights.

1. The hotel employer must allow guest room doors to be left open during cleaning.

Nothing herein shall prevent a hotel employee from volun tarily electing to keep a guest room door closed during cleaning as the hotel employee sees fit.

2. A hotel employee who brings to the attention of a hotel employer the occurrence o f violence or threatening behavior, including but not limited to indecent exposure, solicitation, assault, or coercive sexual conduct by a guest shall be afforded the following rights:

a. If the hotel employee reasonably believes that his or her safety is at risk and so requests, the hotel employee shall be reassigned to a d ifferent work area, away from the person who is alleged to have engaged in the threatening behavior or violence or for the duration of any continued occupancy by the person at the hotel;

1989

b. The hotel employer (i) shall immediately allow the affected hotel employee , if he or she so chooses, sufficient time to contact the police and provide a police report or statement and (ii) shall not in any way discourage an employee from making such report and shall not discipline or retaliate against an employee for making or choosing to not make such report;

c. The hotel employer shall cooperate with any investigation into the incident undertaken by the law enforcement agency with jurisdiction;

d. A hotel employer shall not discipline, discharge or in any manner discriminate or retaliate against an employee who reasonably uses a personal safety device or brings to the attent ion of a hotel employer the occurrence of violence or threatening behavior, including but not limited to indecent exposure, solicitation, assault, or coercive sexual conduct by a guest; and

e. Each hotel employer shall give written notification to each c urrent hotel employee, and to each new hotel employee at the time of hire, of his or her rights under this Section and the Hotel’s procedures and protocols regarding personal safety devices and responding to a personal safety device alert. The notification shall be in each primary language spoken by more than ten (10) hotel employees.

SECTION 4. Application to existing hotels. Any hotel containing fifty (50) or more guest rooms, or suites of rooms, operating under an existing business license on the effec tive date of this Chapter shall be brought into full compliance with the provisions of this Chapter, not later than twelve (12) months following the effective date of this Chapter. All other hotels containing less than fifty (50) guest rooms, or suites of rooms, operating under an existing business license on the effective date of this Chapter shall be brought into full compliance with the provisions of this Chapter, not later than eighteen (18) months following the effective date of this Chapter.

SECTION 5. Severability. If any provision or application of this Chapter is declared illegal, invalid or inoperative, in whole or in part, by any court of competent jurisdiction, the remaining provisions and portions thereof shall remain in full force or effect. The courts are hereby authorized to reform the provisions in this Chapter in order to preserve its maximum permissible effect.

SECTION 6. Relationship to other ordinances. These provisions are not intended to abrogate or impair the provisions of any other section of this Code which is not in conflict with the provisions of this Chapter. However, in the event of a conflict between the provisions of this Chapter and the provisions of any other ordinance, the provisions of the Code that establish the more stringent, superior or higher standards shall control.

SECTION 7. Enforcement. Notwithstanding any other provision of law, a lleged violations of this Chapter shall be enforced exclusively by [city agency name] pursuant to Municipal Code section [number]. V iolations of this Chapter shall be subject to an administrative fine of up to $500 for an initial violation, and up to $1,000 for a subsequent violation. “Violation” means each incident when an alleged violation was committed, without reference to the num ber of employees affected by the alleged violation.
1990

SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

PASSED, APPROVED, AND ADOPTED this ___th day of _______ 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

__________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1991

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. ____ was duly introduced at a regular meeting of the City Council of the City of Ontario held December 16, 2025 and adopted at the regular meeting held January 20, 2026 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

I hereby certify that the foregoing is the original of Ordinance No. ____ duly passed and adopted by the Ontario City Council at their regular meeting held January 20, 202 6 and that Summaries of the Ordinance were published on _______ and _______, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1992
Department: Records Management
Prepared By: . .

Staff Member Presenting: Claudia Y. Isbell,
Assistant City Clerk
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 18
SUBJECT:

ELECTIONS CODE SECTION 9212 IMPACT REPORT REGARDING AN INITIATIVE

ORDINANCE FOR HOTEL, CENTER, & AIRPORT WORKER PROTECTION,

RETENTION, AND MINIMUM WAGE AND RECOMMENDATION THAT THE CITY

COUNCIL CONSIDER THE ORDINANCE OUTRIGHT WITHOUT ALTERATION

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council accept this report and that it not adopt the Ordinance outright without alteration as proposed.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

If adopted, the initiative Ordinance is likely to cause economic development impacts that will reduce sales tax and transient occupancy tax revenues that will have a direct impact on City operations including public safety, infrastructure projects, recreation and parks, and community events.

BACKGROUND & ANALYSIS:

On March 28, 2025, the City Clerk's Office received a notice of intent to circulate an initiative petition from Unite Here Local 11 (Unite Here) seeking to qualify the "Hotel, Event Center, and Airport Worker Protection, Retention, and Minimum Wage Ordinance". In accordance with California Elections Code Section 9203, the City Attorney timely prepared an Impartial Ballot Title and Summary for the initiative. Pursuant to California Elections Code section 9215, in order to quality for the ballot, the petition for the initiative must be signed by not less than ten percent (10%) of the registered voters of the City . Unite Here commenced a signature gathering campaign over the ensuing six months. The proponents timely filed the petition, signatures were counted and verified by the San Bernardino County Registrar of Voters Office, and the initiative qualified. This was reported to the City Council at its November 18 meeting. At that meeting, rather than take action on the initiative, the Council ordered Staff to prepare a report on the potential impact of the initiative, which the California Elections Code requires to be presented to the Council within 30 calendar days.

City Staff performed a review of the impacts associated with adopting this proposed initiative ordinance and this staff report serves as the impact report.

1993
Impact:

Staff believes that this initiative results in major legal and policy shifts that would have serious negative effects on the community as outlined below.

While the Ordinance includes hotel safety requirements that can be reasonably implemented by hoteliers, it also increases the minimum wage for hotel and venue workers in the City of Ontario over time to $30/hour, and requires service charges to be paid to hotel workers. It also restricts the ability of private employers to contract out certain functions and jobs to other operators, thus giving Unite Here disproportionate influence over the hotels who employ their members. Lastly, and notably, the proposed Ordinance features language that would allow hotel and venue operators to opt-out of its requirements, by entering into a bona fide collective bargaining (union) agreement . This "carve out"Â appears to be a tactic to allow Unite Here to use the City of Ontario Municipal Code to leverage private businesses into entering such agreements.

In mandating these cost increases and business restrictions on Ontario establishments only (versus the entire market), the proposed initiative Ordinance presents a substantially negative condition specific to Ontario that would put it at a significant competitive disadvantage in bringing business and investment to our City versus surrounding communities. Aside from being a pronounced departure from Ontario's policy and reputation as a Business-Friendly City and the Council's longstanding strategic goal of growing the City's economy, this proposed Ordinance will likely discourage business from locating here. The outcome will be fewer visitors, convention goers, and investors, which, in turn, negatively impacts Ontario's General Fund sales tax and occupancy tax revenue streams. Thus, Staff believes that the initiative Ordinance will result in less overall funding for General Fund operations like Police, Fire, Recreation and Libraries.

Therefore, despite the benefit of the employee safety measures, which can be addressed by a separate City Council Ordinance (see Agenda Item No. 17), this proposed initiative Ordinance from Unite Here appears to "go too far" and would be detrimental to Ontario's best interest.

Recommendation Against Adoption Outright Without Alteration Under State Elections Code section 9215, now that the impact report has been presented, the City Council has the following options: Place the initiative Ordinance on the ballot as a measure at a future election date in conformance with the election code; or adopt the initiative ordinance outright, without alteration, this evening or within 10 days thereafter. Outright adoption would eliminate the need for an election. However, Staff notes that under Elections Code section 9217, an initiative ordinance that is either approved by Ontario voters or adopted by the Council outright cannot be amended or altered without voter approval at a future election.

Given the significant negative impacts this Ordinance would create for the City, Staff is recommending that the City Council not adopt the initiative Ordinance outright but rather, to possibly place the Ordinance on an upcoming ballot. Further, given the substantial impacts of the proposed Ordinance, if placed on the ballot, Staff believes that the public interest demands resolution on this matter sooner than later and recommends a March 24, 2026 Special Municipal Election. The estimated cost for the Special Municipal Election is $1.2 million. That matter will be addressed in more detail in Agenda Item No. 20. Therefore, City Staff recommends that the City Council not adopt the proposed initiative Ordinance.
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
Department: Management Services
Prepared By: Darlene M Sanchez
Staff Member Presenting: Ruben Duran, City
Attorney
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT:

ELECTIONS CODE SECTION 9212 IMPACT REPORT REGARDING AN INITIATIVE

ORDINANCE TO REQUIRE VOTER APPROVAL FOR MAJOR HOTEL DEVELOPMENT

PROJECTS AND MAJOR EVENT CENTER PROJECTS AND RECOMMENDATION THAT

THE CITY COUNCIL CONSIDER THE ORDINANCE OUTRIGHT WITHOUT

ALTERATION

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council accept this report and that it not adopt the Ordinance outright without alteration as proposed.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

If adopted, the proposed initiative Ordinance is likely to cause economic development impacts that will reduce sales tax, transient occupancy tax, and parking tax revenues that will have a direct impact on City operations including public safety, infrastructure projects, recreation and parks, and community events.

BACKGROUND & ANALYSIS:

On April 7, 2025, the City Clerk's Office received a notice of intent to circulate an initiative petition from Unite Here Local 11 seeking to qualify an ordinance/measure to require voter-approved development agreements for major hotel development and major event center projects. In accordance with California Elections Code Section 9203, the City Attorney timely prepared an Impartial Ballot Title and Summary for the initiative. Pursuant to California Elections Code section 9215, the petition must be signed by not less than ten percent (10%) of the registered voters of the City to qualify. Unite Here commenced a signature gathering campaign over the ensuing six months. The proponents timely filed the petition, signatures were counted and verified by the San Bernardino County Registrar of Voters Office, and the initiative qualified. This was reported to the City Council at its November 18 meeting. At that meeting, rather than take action on the initiative, the Council ordered staff to prepare a report on the potential impact of the initiative, which the California Elections Code requires to be presented to the Council within 30 calendar days.

City Staff performed a review of the impacts with adopting this proposed initiative ordinance and this staff report serves as the impact report.

2012
Impact:

Staff believes that this initiative results in major legal and policy shifts that would have serious negative effects on the City's land use and development as well as the local economy. Legally, it limits the City Council's authority vested by the State Legislature to negotiate, approve and implement statutory development agreements for setting long-term local land use policy for major projects like those covered by the initiative. Additionally, this is a negative condition that would be Ontario specific, thereby placing Ontario at a competitive disadvantage in bringing hotel and event center business or investment in Ontario that may wish to enter into a development agreement with the City. Because this is not a market-driven action, it strips the business rights from private operators in the City. This is a pronounced departure from Ontario's policy and reputation as a Business-Friendly City, and our long serving mission to invest in the growth and evolution of the City's Economy.

Furthermore, adoption of this initiative ordinance would likely have significant economic development implications as major hotel and event center operators who wish to enter into development agreements are likely to seek business opportunities outside of the City rather than assume the cost, delay and risk of an election to approve a negotiated and Council-approved agreement. In doing so, this is likely to impact the City's economic growth which will cause a larger impact on City operations including public safety, infrastructure projects, recreation and parks, and community events.

Recommendation Against Adoption Outright Without Alteration:

Under State Elections Code section 9215, now that the impact report has been presented, the City Council has the following options: Place the initiative Ordinance on the ballot as a measure at a future election date in conformance with the election code; or adopt the initiative ordinance outright, without alteration, this evening or within 10 days thereafter. Outright adoption would eliminate the need for an election. However, Staff notes that under Elections Code section 9217, an initiative ordinance that is either approved by Ontario voters or adopted by the Council outright cannot be amended or altered without voter approval at a future election. Given the significant negative impacts this Ordinance would create for the City, Staff is recommending that the City Council not adopt the initiative Ordinance outright, but rather, to possibly place the ordinance on an upcoming ballot. Further, given the substantial impacts of the proposed Ordinance, if placed on the ballot, Staff believes that the public interest demands resolution on this matter sooner than later and recommends a March 24, 2026 Special Municipal Election for a decision from the voters.

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