Division 1.01 — Development Code Enactment, Consistency and Severability

This document shall be known and may be cited as the “Ontario Development Code.”

This Development Code is enacted to assist in the implementation of Federal and State planning, zoning, development, subdivision, and environmental laws, and The Ontario Plan, and guide the orderly development of the City in a manner that promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its inhabitants. More specifically, this Development Code is intended to achieve the following objectives:

A. Create a guide for the establishment of a complete community, which includes opportunities for the development of housing, jobs, education, shopping and services, culture, and recreation for people at all ages and socioeconomic levels.

B. Establish standards for the orderly physical development of the City in a manner that incorporates smart growth principles, including the efficient use of land and mix of land uses, in preserving the character and quality of existing neighborhoods, fostering a harmonious, convenient, and workable relationship among all types of land uses, and promoting good urban design.

C. Achieve the proper arrangement of land uses envisioned in the Policy Plan component of The Ontario Plan, maintain the stability of existing neighborhoods, and promote the revitalization of areas that require enhancement.

D. Allow and encourage a full range of office, commercial, industrial, and transportationrelated activities in appropriate locations as envisioned by the Vision, Policy Plan (General Plan),

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and City Council Priorities components of The Ontario Plan, in a manner that will further strengthen the City’s economic base.

E. Promote the economic stability of existing land uses that conform to the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and protect them from intrusions by inharmonious or harmful land uses.

F. Achieve compatibility between Ontario International Airport and the land uses and new development that surround it pursuant to the Ontario International Airport Land Use Compatibility Plan.

G. Establish procedures that ensure land use, development, and subdivision decisions are made in compliance with the California Environmental Quality Act and Guidelines, and environmental impacts are mitigated to an acceptable level and appropriately monitored.

H. Establish comprehensive and thorough procedures for appropriate and effective public involvement in land use, development, subdivision, and environmental decisions, while at the same time processing land use, development, and subdivision applications in an expedient manner.

I. Establish procedures for the open and transparent processing of applications, and information sharing on the parts of administrators, board and commission members, and applicants with regard to all standards, the characterizes of development sites, and the potential impacts of development.

J. Establish reasonable standards and guidelines that promote and inspire innovative and sustainable subdivision, site, building, landscape and infrastructure design, which serves to advance the utility and splendor of the City.

K. Promote the preservation and protection of the City’s historic character and resources.

L. Promote the preservation of the City's natural and historic setting by preventing the indiscriminate clearing of property and the destruction of trees, shrubs, and other desirable landscape features.

M. Ensure the provision of adequate and well-designed off-street parking and loading facilities, which are commensurate with the need.

N. Promote safe and efficient pedestrian and traffic circulation systems, and ensure that new development will not overburden the capacity of existing streets, utilities, or community facilities and services.

O. Establish standards for providing sufficient systems of water supply, sanitary sewage disposal, storm drainage, street lighting, and other utilities needed for the public health, safety, and convenience.

P. Ensure that the costs of providing land for streets, alleys, pedestrian ways, easements, and other rights-of-way, and for the improvements necessary to serve new developments, are borne by subdividers and developers rather than by the taxpayers of the City at large.

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This Development Code is a principal tool for implementing the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan as they pertain to City growth, land use, and development as required by State Planning and Zoning Law (Government Code Section 65000 et seq.), the Subdivision Map Act (Government Code Section 66410 et seq.), the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and other applicable Federal, State, and local requirements.

A. Changes in State Law. Any provision of this Development Code referring to or citing a title, article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, or phrase of State law, which is later amended or superseded, shall be deemed amended to refer to the provision of State law that most nearly corresponds to the superseded or amended title, article, chapter, section, subsection, paragraph, subparagraph, sentence, or clause.

B. Jurisdiction. This Development Code shall be effective throughout the City's planning jurisdiction. For the purposes of this Development Code, the planning jurisdiction shall be defined as the area within the corporate boundaries of the City of Ontario.

C. Internal Inconsistencies. Where any conflict occurs within the provisions of this Development Code, the more restrictive provision shall apply.

D. External Inconsistencies. Where any conflict occurs between the provisions of this Development Code and provisions of the Ontario Municipal Code, or other regulations adopted by the City, the more restrictive provisions shall apply.

E. Affect Upon Other City Regulations. This Development Code shall not be deemed to repeal or amend any other regulation of the City requiring a permit or license, or both, nor shall anything in this Development Code be deemed to repeal or amend provisions of the Ontario Municipal Code.

F. City Properties. The provisions of this Development Code shall not apply to any buildings, improvements, lots, or premises that are owned, leased, operated or controlled by the City, or any project for public purposes initiated by the City.

G. Conflicting Land Use Permits. Following the effective date of this Development Code or any amendment hereto, any legislative action, discretionary permit or action, or ministerial permit or decision (as established by Table 2.02-1 (Review Matrix) of this Development Code) shall be issued only in full compliance with its provisions. Any approval issued after the effective date of this Development Code that is in conflict with its provisions, shall be deemed invalid, except as established by Subsection H (Effect of Development Code Changes on Projects in Process) of this Section, below.

H. Effect of Development Code Changes on Projects in Process. The effect of Development Code adoption, changes, or revisions on projects in process at the time of enactment of Development Code adoption, or any changes or revisions thereto, are as follows:

1. A project for which a legislative action, discretionary permit or action, or ministerial permit or decision (as established by Table 2.02-1 (Review Matrix) of this Development Code) has

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been approved, shall be subject to the Development Code regulations in effect on the effective date of the application approval.

2. A complete Building Permit application, for which all required City fees have been paid, shall be processed under the development regulations in effect on the date that the application was submitted. If the Building Permit has expired, the project shall be subject to the requirements of this Development Code.

I. Need to Obtain Other Required Permits. This Development Code shall not eliminate the need for obtaining any other permits required by the City, or any permit or approval required by provisions of the Ontario Municipal Code, or the regulations of any City department, or any County, regional State or federal agency.

J. Public Nuisance. The provisions of this Development Code shall not authorize the continuation of any public nuisance.

A land use, development, or subdivision of land located within the area affected by the Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be consistent with the requirements of the ALUCP. Furthermore, In the event of any conflict between the requirements of this Development Code and the provisions of the ALUCP, the requirements of the ALUCP shall govern.

A. The Ontario Plan is a dynamic framework for sustained, comprehensive leadership in building our community, by integrating components of city governance that are typically disconnected. The Plan states community direction at a point in time and integrates it into a single guidance system that will shape the Ontario community 20 years or more into the future. The Ontario Plan provides for lasting policies to accommodate change through a six-part component framework: 1) Vision, 2) Governance Manual, 3) Policy Plan, 4) City Council Priorities, 5) Implementation, and 6) Tracking and Feedback.

B. This Development Code is intended to provide the legislative framework for the implementation of the Policy Plan and Governance Manual components of The Ontario Plan, guiding growth and development to achieve optimum results from the City's physical, economic, environmental and human resources. The Policy Plan component of The Ontario Plan states longterm principles, goals, and policies for achieving Ontario's vision, and serves as the City's General Plan, which is mandated by state law.

C. All land uses, developments, and subdivisions of land shall be consistent with The Ontario Plan Policy Plan goals, polices, and land uses. A land use, development, or subdivision is consistent with The Ontario Plan if, upon consideration of all of its aspects, it is found to further the purposes, principals, goals and policies of the Plan.

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A land use, development, or subdivision of land located within the boundaries of an Area Plan shall be consistent with the objectives, polices, and land uses specified within the Area Plan. Furthermore, In the event of any conflict between the requirements of this Development Code and the objectives, polices, and land uses specified within an adopted Area Plan, the requirements of the Area Plan shall govern.

A. In the event of any conflict between the requirements of this Development Code and the standards contained within an adopted Specific Plan, the requirements of the Specific Plan shall govern.

B. Wherein the provisions of a Specific Plan are silent on a specific matter, the regulations set forth in this Development Code shall apply.

In the event of any conflict between the requirements of this Development Code and the standards contained within an adopted Planned Unit Development, the requirements of the Planned Unit Development shall govern.

In the event of any conflict between the requirements of this Development Code and the provisions of an adopted Development Agreement, the requirements of the Development Agreement shall govern.

In the event of any conflict between the requirements of this Development Code and the provisions of a City Master Plan adopted pursuant to Section 4.02.015 (Master Plans and Amendments) of this Development Code, the requirements of this Development Code shall govern.

The provisions of the Development Code, as they existed prior to the effective date of January 1, 2016, are hereby repealed and superseded in their entirety. No provision of this Development Code shall be so construed as to validate or legalize any subdivision of land or land use, or structure established, constructed, or maintained in violation of this Development Code as it existed prior to its repeal by Ordinance No. 3028.

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A. If any portion of this Development Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the determination shall not affect the validity of the remaining portions of this Development Code. Moreover, the decision shall not affect, impair, or nullify this Development Code, either in whole or in part, and the remainder of this Development Code shall continue in full force and effect.

B. If the application of any provision of this Development Code to any area, property, or site is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared that the effect of the decision shall be limited to that area, property, or site immediately involved in the controversy, action, or proceeding in which the judgment or decree of invalidity was rendered. In addition, the decision shall not affect, impair, or nullify this Development Code as a whole or in the application of any provision to any other area, property, or site.

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Division 1.02—Development Code Interpretation and Enforcement

Sections:

1.02.000: Purpose 1.02 005: Applicability to Existing City Laws 1.02.010: Interpretations and Land Use Determinations 1.02.015: Enforcement