Attachment A — Chino City Council, April 15, 2025

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

PLANNING COMMISSION MEETING DATE: FEBRUARY 19, 2025

DATE: FEBRUARY 19, 2025
TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: ANDREA GILBERT, CITY PLANNER

SUBJECT
Appeal of a request for interpretation by the Director of Development Services for the calculation and enforcement of Floor Area Ratio (“FAR”) in the Mixed Use Overlay District (“MUO”). ..titl e
..end

RECOMMENDATION
Deny the appeal and uphold the interpretation of the Zoning Code made by the Director of Development Services regarding the calculation and enforcement of FAR in the MUO district.

BACKGROUND
On December 5, 2024, the Director of Development Services (“Director”) made a written decision concerning the administration and enforcement of Floor Area Ratio (“FAR”) in the MUO. This decision came in response to an email r eceived on December 3, 2024 by Chino resident Robert Nigg requesting clarification on FAR (Attachment A). On December 13, 2024, Mr. Nigg (“Appellant”), submitted an appeal application ( Attachment B) appealing the written interpretation of the Zoning Code by the Director as it relates to the administration and enforcement of FAR.

The 2021-2029 Housing Element (“Housing Element”) describes two overlay districts - MUO and Affordable Housing Overlay (“AHO”). These overlay district sites were placed on 91 locations throughout the City pursuant to Measure Y, which was approved by Chino’s voters in June 2022 . Measure Y necessitated voter approval due to the requirements of the City’s existing residential growth measure (Measure M, approved in 1988 ), which requires that any change that increases the residential density of a n existing residential property or changes the property from non-residential to residential require s the vote of the residents of the City. The overlay districts for the Affordable Housing Ordinance were adopted by the City Council in April 2023. This ordinance is required to implement the programs, goals and actions outlined in the Housing Element. The ordinance was amended in December 2024 due to changes required by the California De partment of Housing and Community Development (“HCD”) in order to certify the Housing Element, which also occurred in December 2024.

The development standards for FAR as it relates to the MUO districts can be found in Section

20.09.090 of the Zoning Code (Attachment C). The development standards described in Chapter 20.09.090 are consistent with State law, which requires objective standards be contained in th e ordinance to support the development of affordable housing in the City as required by the Housing Element.
72 PLANNING COMMISSION MEETING DATE: FEBRUARY 19, 2025
TITLE: APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR

RELATED TO THE INTERPRETATION OF HOW FLOOR AREA RATIO IS ENFORCED FOR

PROJECTS LOCATED WITHIN THE MIXED USE OVERLAY DISTRICTS PAGE: 2

APPEAL
The Appellant is challenging the interpretation by the Director that the FAR limitation in Section

20.09.090 applies to non -residential uses within the MUO district. The Appellant claims that “administration and enforcement” of FAR should be applied to both residential and non - residential uses alike within the MUO districts.

It should be noted that the appeal relates solely to the interpretation by the Director regarding the calculation and enforcement of FAR within the MUO districts. To the extent this interpretation of FAR within the MUO district is applied to any projects within the City, individual projects are not before the Planning Commission at this time and should n ot be addressed or discussed in this appeal.

The following is a response to the Appellant’s appeal concerning the interpretation by the Director concerning “administration and enforcement” of FAR in the MUO district.

A. General Structure of Housing Laws.

In his appeal, the Appellant cites to a wide variety of authority to support the argument that FAR should be applied to both residential and non -residential uses within the MUO district. The authority cited by the Appellant applies to subject matters outside the scope of the City’s Housing Element and/or requirements by HCD concerning the State -mandated development of affordable housing. These provisions do not conflict with one another, but instead are part of the same framework governing housing development throughout the State.

At the highest level is State Housing Law (located in the Government Code), which broadly governs cities’ housing and development codes and the requirements for local governments in implementing their housing elements. These statutes apply across the State and compliance is mandatory to achieve the State’s housing goals. However, jurisdictions may implement the State’s requirements using varied methods to achieve the requisite outcomes. Usually, this occurs via general plans, zoning codes, and zoning overlays.

The next layer down is a city’s general plan (and housing element). The general plan and housing element broadly establish the City’s goals and policies to achieve a desired end result.

HCD possesses broad oversight authority concerning the content of housing elements, allowing it to dictate certain requirements, especially related to development of affordable housing. HCD has exercised this broad authority on numerous occasions to compel local governments to implement HCD’s policy goals statewide.

The next, more granular layers are the base zoning code and overlay zoning. Base zoning codes are the method a city uses to implement the guiding principles of the general plan, controlling development withing a jurisdiction consistent wi th the vision laid out in the general plan. An overlay zone goes further. Overlay zones are a geographic zoning district layered on top of another existing zoning district, or districts, that implements additional regulations.

Overlay districts are frequen tly used in zoning codes to promote specific types of development (namely affordable residential development).

B. Chino Municipal Code section 20.09.030 addresses potential conflicts between zoning overlays and other planning documents, and states that, in the event of such conflicts, the zoning overlay prevails.

In response to State mandates promulgated over the last several years to promote the development of affordable housing, including requirements of the Housing Element Law 73 PLANNING COMMISSION MEETING DATE: FEBRUARY 19, 2025
TITLE: APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR

RELATED TO THE INTERPRETATION OF HOW FLOOR AREA RATIO IS ENFORCED FOR

PROJECTS LOCATED WITHIN THE MIXED USE OVERLAY DISTRICTS PAGE: 3

referenced above and the Housing Accountability Act ( Government Code section 65589.5), the City implemented zoning overlays within the Chino Municipal Code (“CMC”). The two overlay districts are (1) the AHO district and (2) the MUO district. Each overlay district has its own requirements, independent of the underlying base zone.

To comply with HCD directives, where these overlay districts conflict with the base zone or the General Plan, Section 20.09.030 provides the remedy. Section 20.090.030 (Attachment C) states that in the event of any conflict between overlay districts and base zoning districts, the requirement specified in the overlay district shall apply . If the overlay district is silent, the requirements of the base zoning district shall apply. This is consistent with State law and the State’s policy goals of increasing development of affordable housing units.

Here, Section 20.09.090 (Attachment C) is explicit in applying a FAR limitation only to non - residential uses. If there is any conflict between the MUO district and the City’s zoning code concerning application of FAR to a development, the requirements in the MUO district apply pursuant to Section 20.090.030. Therefore, the Director’s interpretation that FAR limitations in the MUO district apply only to non-residential uses is consistent with the City’s General Plan.

C. General Plan Is Consistent with Zoning Code and Overlay Districts, and Consistently Applies FAR to Non -Residential Uses and Density to Residential Uses.

State law requires that “[a]ll local land use decisions, inc luding zoning ordinances, must be consistent with the general plan .” (Government Code § 65860 .) (Attachment D). The City’s General Plan, after key amendments over the past several years, is consistent with the City’s zoning code and overlay zoning.

In the Land Use Element of the General Plan (Attachment E), on page LU-9, the applications of the terms “density” and “FAR” are explained plainly. These explanations are consistent with how those terms are utilized in the City’s zoning code and overlay zoning.

The number of residential units permitted for a parcel is determined by multiplying the residential density factor by the adjusted gross acres of the parcel. For non -residential uses, including commercial, office, and industrial uses, intensity is expresse d as an average Floor Area Ratio (FAR). FAR is calculated as the total square footage of buildings on a site, divided by the total square footage underlying the site. (See LU-9)
This distinction is important, as the General Plan and the City’s MUO ordinanc e are consistent in their application of density and FAR as applied to residential and non -residential uses. The General Plan, in the sections discussing residential land use designation, refers only to density (units per acre), making no mention of FAR in calculating residential density. Pages LU -12 and LU-13 describe the intensity of the use in mixed use designations, distinguishing between density and FAR limits by setting separate thresholds for each ( e.g. MU30 designations identify maximum densities of 30 units per acre and FAR limitations of 1.5). In further recognition of the distinction is the Commercial Designation on page LU -13. Those designations are represented only by FAR, not density.

With respect to the MUO and AHO zoning overlays specifically , on April 4, 2023, the City Council adopted Resolution 2023 -014, amending the General Plan to implement the AHO and MUO districts in compliance with State mandates. Page LU -19 of the General Plan now defines the AHO and MUO districts to enable the development of affordable housing projects in the City. 74 PLANNING COMMISSION MEETING DATE: FEBRUARY 19, 2025
TITLE: APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRECTOR

RELATED TO THE INTERPRETATION OF HOW FLOOR AREA RATIO IS ENFORCED FOR

PROJECTS LOCATED WITHIN THE MIXED USE OVERLAY DISTRICTS PAGE: 4

In that section, the General Plan specifically identifies CMC section 20.09.090 as the controlling authority for implementation of the AHO and MUO districts.

Despite the Appellant’s arguments that the City’s General Plan, zoning code, and overlay zoning are in conflict, the above demonstrates that each is consistent with the other. Density calculations are consistently utilized to control intensity of use in residential uses, while FAR is consistently utilized to control uses in non -residential uses. The Director’s interpretation of the FAR limitations in Section 20.09.090 is consistent with the City’s General Plan.

D. The City Council adopted, and HCD approved, the City’s Housing Element, which includes the D irector’s interpretation applying FAR only to non - residential structures within the MUO district.

For several years, the City has worked with HCD to bring its Housing Element into compliance with the requirements of the Housing Element Law. In broad terms, the mandatory components of a housing element include “an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, impr ovement, and development of housing .” (Government Code § 65583.) (Attachment D)
The City was required to submit drafts of the Housing Element to HCD for review and approval both prior to and subsequent to adoption by the City Council. Through the course of that process, the City submitted to HCD various versions of its Housing Element for review and approval. On several occasions, HCD provided the City with required amendments and changes.

In December 2024, after several public hearings and public input, th e City adopted its Housing Element and submitted it to HCD for review and approval. HCD approved the City’s Housing Element and deemed it was substantially compliant with the State Housing Element Law.

Pursuant to the Government Code, if HCD finds a housin g element amendment substantially complies, which it has done here, the housing element enjoys a rebuttable presumption of validity. (Gov. Code § 65589.3 .) (Attachment D) However, this approval is subject to the City’s continued compliance with its Housing Element, including the provisions of the MUO district.

The consequence of failing to comply with provisions of the Housing Element includes severe repercussions such as ineligibility for certain federal, State, or regional grant programs, development opportunities within the City, and potential civil liability.

The Director’s interpretation of FAR as applied only to non-residential uses is consistent with the Housing Element as approved by HCD. HCD’s approval of the Housing Element indicates the Director’s application of FAR to non -residential uses within the MUO district is lawful and consistent with State laws, and consistent with the City’s General Plan and zoning codes.

Attachments:

A – Development Services Director’s Written Decision
B – Director Decision Appeal Application
C – Zoning Code Chapter 20.09 (Overlay Districts)
D – Government Code Sections
E – Envision Chino 2025 General Plan Land Use Element

75 76
77 78
79 80
Date: December 13, 2024
Subject: Appeal under Zoning Code, Section 20.23.150
To: Director of Community Development
I wish to appeal under Chino Zoning Code, Section 20.23.150 (or 20.02.130), the December 5, 2024 written decision by the Director of Community Development (Development Services Director ) concerning the administration and enforcement of the Floor Area Ratio (FAR) in Mixed Use Overlay (MUO) districts. The written decision conflicts with the City of Chino’s General Plan (Housing Element), the definition of FAR as contained in the Zoning Code, and the definition of FAR as contained in state laws and regulations. The relief requested is that the high density development being proposed for the 10.36 net gross acres site at Fern and Schaefer b e subject to the FAR calculation to include both the residential and commercial building mass in the final FAR total.

20.23.150 - Appeals. A. Administrative actions or decisions.

1. Any applicant or any interested person may appeal to the planning commission, any action or decision of the director of community development/director development services . An appeal request shall be filed in writing with the community development department, along with the appropriate fee as determined by resolution of the city council, within ten days following the action or decision.

Such appeal shall include a statement identifying the specific action or decision which is being appealed, the specific grounds for the appeal, and the relief requested from the planning commission.

Argument and Purpose of Floor Area Ratio
In California Floor Area Ratios are used to control the scale of development and ensure that new construction is compatible with the neighborhood. The purpose of the Floor Area Ratio (FAR) is to help determine if a building's scale and mass are compatible with the surrounding neighborhood. FAR is a measurement that controls the intensity of building coverage by comparing the total floor area of a building to the size of the lot it's located on. FAR is expressed as a decimal number, and is calculated by dividing the total building area by the total lot area.

A Floor Area Ratio (FAR) for a mixed-use project should be calculated in accordance with the General Plan by dividing the total floor area of all buildings on a lot (including both residential and commercial components) by the total area of the lot, essentially giving a ratio of how much building space is allowed on a given parcel of land; this calculation is used to regulate development density across different zoning districts.

The written decision by the director of community development would prejudicially and unfairly allow the building scale and mass to be incompatible with the surrounding 81 neighborhood. The decision is also in conflict with the various laws, local codes, and regulations, including as cited below.

As required in the City of Chino Zoning Code:

Section 20.01.030 - Relationship to the general plan.

The zoning code implements the goals and policies of the City of Chino General Plan by regulating the uses of land and structures within the City of Chino. The zoning code and the general plan shall be consistent with one another. If there are inconsistencies between the zoning code and the general plan, the general plan governs.

The decision issued by the director of community development is in conflict with the General Plan, wherein the total gross floor area of all buildings on a site is included in the FAR calculations.

See GENERAL PLAN Housing Element Section 3: Housing Constraints, Resources, and Affirmatively Furthering Fair Housing Page 3-12 Site Coverage and FAR Floor Area Ratio (FAR) is defined in the City of Chino Municipal Code as the ratio of the total gross floor area of all buildings on a site, excluding structured parking areas, divided by the total site area. FAR is regulated to maintain and limit the massing of buildings in relation to the property.

Section 20.01.050 - Applicability of zoning code.

C. Conflicting regulatio n - Where conflict occurs with other adopted ordinances, resolutions or regulations of the City of Chino or with state or federal laws and regulations, the more restrictive provision shall control unless otherwise specified in this Code.

The December 5, 2024 decision by the Director of Community Development/Development Services allowing the Fern/Schaefer project to not include residential buildings in the FAR calculations is also in conflict adopted ordinances of the City of Chino and with the definition of FAR as cited in state law. Such laws and regulations are intended to limit the scope and mass of developments that are inconsistent and incompatible with surrounding properties. See below for conflicting definitions of FAR compared to Table 20.09 -7, including Footnote 1 of Section of

20.09.090, and state law codified under Government Code, Section 65917.02. When there is a conflict, the more restrictive provision shall control. The more restrictive provision is a FAR of 1.25 should be used to include both residential and commercial buildings in the Fern/Schaefer project.

Chino Zoning Code under Section 20.24.020, “Floor area ratio (FAR)” is the ratio of the total gross floor area of all buildings on a site, excluding structured parking areas, divided by the total site area. For example, if a ten thousand 82 square foot site has one two -story building, and the gross floor area of each story is two thousand five hundred square feet, the site has a total gross floor area of five thousand square feet and an FAR of 0.5, as shown in Figure 20.24-

1. California Government Code, Section 65917.2(a)(2) “Floor area ratio ” means the ratio of gross building area of the eligible housing development, excluding structured parking areas, proposed for the project divided by the net lot area. For purposes of this paragraph, “gross building area” means the sum of all finished areas of all floors of a building included within the outside faces of its exterior walls.

There are also contradictions, conflicts and inconsistencies in the City of Chino Zoning Code relating to Overlay districts for affordable housing.

20.09.090 - Overlay districts for affordable housing.

Table 20.09-7 Footnotes: [1] Additional FAR is allowed up to 1.25 in mixed use development with affordable rental units. The amount of additional FAR shall be calculated based on the increase in density allowed for qualifying projects meeting affordable housing criteria. For example, if a project receives a one unit per acre increase in density, then it receives a 0.0625 increase in allowable FAR.

This footnote only provides additional FAR is allowed up to 1.25 in mixed use developments with affordable housing. This section does not sustain that the FAR is only for the commercial portion of the development. This confusion and contradiction is further inconsistent with other provisions of Section 20.09.090. Whereas Table

20.09—7 does state under the Feature Column that Maximum Floor Area Ratio (non- residential space) is 1, it adds Footnote 1 as listed above. The Zoning Code provides that only non -residential uses is allowed only in both AHO and MUO districts (see Sections 20.09.090(B), (F) and (G). This is in direct conflict with Section 20.09.090(C) that requires a minimum density shall be twenty -six units per adjusted gross acre in both AHO and MUO sites. The Zoning Code as written is a hodgepod ge of contradictions

20.09.090 - Overlay districts for affordable housing
A. Purpose and intent. The purpose of the overlay districts for affordable housing - the affordable housing overlay (AHO) district and the mixed use overlay (MUO) district - is to promote the development of affordable housing for low and very low -income households in specific a reas identified in the general plan at densities of up to thirty dwelling units per acre if affordability requirements established in this section are met. More specifically, the AHO and MUO allow residential uses where they would not otherwise be allowed and provide for additional density in return for projects providing more 83 affordable housing. The AHO is intended for standalone affordable housing projects, while the MUO provides for mixed use development with affordable housing either on upper floors or in separate buildings. This section also provides the residential development community two alternatives for construction of affordable housing within market-rate development and offers a streamlined process for administrative review of qualifying projects with affordable housing using checklists and objective standards as required by state law.

B. Relation to base zoning. The AHO and MUO district regulations shall apply in the case of a conflict with the base zoning district regulations when a housing project is proposed. However, when an applicant proposes only non-residential uses, then only the base zoning district land use regulations and development standards apply. The AHO and MUO regulations and development standards only apply to proposed housing projects.

F. Development standards for the AHO district . All residential development in the AHO district shall comply with the development standards in Table 20.09-6 and the supplemental design standards following the table; and with the multiple-family residential design standards in Section 20.17.050 to the extent these are not superseded by the supplemental design standards following the table. If no housing is proposed, then non-residential development must comply only with the standards of the base zoning district with which the AHO district is combined and the commercial design standards in Section 20.17.070.

G. Development standards for the MUO district . All residential-only buildings and mixed use development with residential units in the MUO district shall comply with the development standards in Table 20.09-7 and the supplemental design standards following the table, and with the multiple -family resid ential design standards in Section 20.17.050 and the mixed use design standards in Section 20.17.060 to the extent these are not superseded by the supplemental design standards following the table. Non-residential development shall comply with the standards of the base zoning district with which the MUO district is combined and the commercial design standards in Section 20.17.070.

The last sentence in Part G. above does not even provide if “Non -residential development” is inclusive or exclusive if no housing is proposed as stated in Part F. above.

There is no reasonable supportable foundation to exclude residential use in the FAR calculations. Whereas the City of Chino intended to require commercial development in mixed use districts, that assumption has been found to be in violation of state law.

This misguided attempt to increase density in mixed use districts so that commercial usage would be increased is not a sustainable fact. Whatever by accidental or intentional decisions, the omission of residential usage in the FAR calculations does 84 not comply with the General Plan and its vision for the City of Chino to have a small town feel. The State’s standards for affordable housing can be obtained by having sensible and reasonable building heights and that the scope, mass and density of its developments that are compatible with the surrounding neighborhood s. The City of Chino can achieve its affordable housing goals , and not have monstrous 4 story buildings in residential neighborhoods lacking intended tax generating commercial development. Had the Zoning Code been consistent with the General Plan of including both residential and commercial buildings in the FAR calculations, the Fern/Schaefer development could have included approximately 5 00,000 gross floor area residential usage and over 60,000 gross floor area for tax generating commercial usage. The interpretation and decision by the Director of Community Development to exclude resident ial usage in FAR calculations, even if it was an erroneous and misguided intent to allow commercial usage in the adoption of Ordinance 2023-008, it still violates the General Plan and the definition of FAR contained in the Housing Element, which by law is included in the General Plan.

It is requested that the Planning Commission take the necessary action to have the FAR for mixed use districts utilize and include residential usage so the FAR calculation is consistent with the General Plan as specifically required in the Zoning Code.

As information, a Public Records Act (PRA) request for records has been submitted relating to the ZAR zoning decisions made by the City of Chino . This PRA request is to include all records associated to determining the Floor Area Ratio requirements contained in Table 20.09-7 of the Zoning Code, and all records associated to the drafts and revision made to Table 20.09-7, including Footnote 1 in determining the standards for FAR as contained in the Zoning Code. Should any relevant information be discovered in the review of these records, additional information and arguments will be presented to the Planning Commission in support of this appeal.

Sincerely,
Robert Nigg

85 CHINO ZONING CODE

Sections:

20.09.010 – General Purpose

20.09.020 – Applicability

20.09.030 – Conflict Between Provisions

20.09.040 – Agricultural Overlay District

20.09.050 – Airport Overlay District

20.09.060 – Downtown Overlay District

20.09.070 – Central Avenue Specific Plan

20.09.080 – Industrial Planned Development Overlay District

20.09.090 – Overlay Districts for Affordable Housing

20.09.010 – General Purpose
The general purpose of overlay districts is to establish standards and regulations that apply to specified areas in addition to the provisions provided by the base zoning district. Overlay district address special characteristics and needs of specified areas, prevent potential hazards and land use conflicts and provide flexible development standards in a manner consistent with the City of Chino General Plan.

20.09.020 – Applicability
The requirements of Chapter 20.09 (Overlay Districts) apply to all land, uses and structures in addition to all applicable requirements of Part 2 (Zoning Districts), Chapter 20.21 (Standards for Specific Land Uses) and any other applicable provisions of this Code.

20.09.030 – Conflict Between Provisions
In the event of any conflict between Chapter 2 0.09 (Overlay Districts) and Part 2 (Zoning Districts) of this Code, the requirement specified in the overlay district shall apply. In the event that the overlay district is silent, the requirements of the base zoning district shall apply.

20.09.040 – Agricultural Overlay District
A. Purpose and Intent. In addition to the general purpose of overlay districts as provided in Section

20.09.010 of this Code, the specific purpose of the Agriculture ( AO) overlay district is to permit and support existing agricultural uses on properties that are or were under Williamson Act contracts at the time of annexation into the city. These properties are expected to remain in agricultural use until they transition to their underlying zoning designation, as shown on the zoning map. 86 CHINO ZONING CODE

20.09.050 – Airport Overlay District
A. Purpose and Intent. The planning boundaries of the airport overflight area have been establis hed by the Airport Comprehensive L and Use P lan (ACLUP), prepared for Chino Airport pursuant to California Public Utilities Code Section 21670 et seq. and generally shown on the Zoning Map. The provisions contained herein shall regulate the use and development of all property located within the airport overflight area. In addition to the general purpose of overlay districts as provided in Section

20.09.010 of this Code, the specific purpose of the Airport overlay district is to:

1. Implement the Airport Comprehensive Land Use Plan, prepared for the Chino Airport pursuant to California Public Utilities Code Section 21670 et seq.;

2. Identify areas of the city subject to high noise levels and crash impacts by the operation of the Chino Airport; and

3. Encourage the orderly use and development of the area around Chino Airport, which is compatible with continued airports operations.

B. Permitted Uses.

1. Within each aviation safety zone identified in the ACLUP prepared for the Chino Airport, permitted uses shall be only those allowed by both the base zoning district and the Airport Overlay as shown in Table 20.09-1.

2. An avigation easement shall be recorded against the property deed of all new development projects and use permits within a 10,000-foot radius of Chino Airport (Safety Zone I, II and III), advising current and future property owner(s) of potential impacts and stating that the property may be subject to overflight noise, vibration, and dust from aircraft. 87 CHINO ZONING CODE

I II III
Residential Clearly Unacceptable Clearly Unacceptable Normally Acceptable Lodging places Clearly Unacceptable Clearly Unacceptable Normally Acceptable Educational facilities Clearly Unacceptable Clearly Unacceptable Normally Acceptable Hospitals & nursing homes Clearly Unacceptable Clearly Unacceptable Normally Acceptable Assembly uses (auditoriums, stadiums,
concert halls, theaters, churches, etc.)
Clearly Unacceptable Clearly Unacceptable Normally Acceptable Sports arenas & outdoor spectator sports Clearly Unacceptable Clearly Unacceptable Normally Acceptable Parks, playgrounds, recreation centers,
fairgrounds & picnic grounds
Clearly Unacceptable Normally Unacceptable Normally Acceptable Libraries, museums & art galleries Clearly Unacceptable Clearly Unacceptable Normally Acceptable Golf courses, commercial riding stables &
water recreation
Normally Unacceptable Normally Acceptable Normally Acceptable Commercial office Clearly Unacceptable** Clearly Unacceptable** Normally Acceptable** Commercial retail Clearly Unacceptable** Clearly Unacceptable** Normally Acceptable Manufacturing & warehouse/distribution Clearly Unacceptable Normally Acceptable Normally Acceptable Public utilities Clearly Unacceptable Normally Acceptable Normally Acceptable Livestock, animal breeding & animal
keeping
Normally Unacceptable** Normally Acceptable** Clearly Acceptable Agriculture (commercial growing & field
crops)
Normally Acceptable Clearly Acceptable Clearly Acceptable Conservation areas & natural recreation
areas
Normally Acceptable Clearly Acceptable Clearly Acceptable Uses of a hazardous nature Clearly Unacceptable Clearly Unacceptable Clearly Unacceptable Maximum gross density (in persons per
acre)

0.5 25 No Limit
Maximum assembly recommended* 10 100 No Limit
Legend: Clearly Acceptable—No restrictions.

Normally Acceptable—Restricted development undertaken only after detailed analysis and satisfactory mitigation measures are initiated.

Normally Unacceptable—No new development shall be permitted.

Clearly Unacceptable —New construction or development should not be undertaken. Furthermore, an effort should be made to relocate existing uses.
* Assembly is the gathering together of persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining, or awaiting transportation, as defined in the California Building Code. ** Some specific uses in this group may be acceptable, provided the density criteria are met.

C. Noise Standards.

1. California Administrative Code Section 5000 et seq. establishes criteria for the regulation of noise in the vicinity of airports. In an effort to reduce and control the impact of noise generated from Chino Airport on the community, noise contours have been established by the ACLUP prepared for Chino Airport. Within each noise contour identified on the noise contour map contained within the ACLUP, land shall only be used and/or developed in accordance with Table 20.09-2. The table establishes the degree of acceptability of certain land use groups within each noise contour.
88 CHINO ZONING CODE

TABLE 20.09-2 C OMMUNITY NOISE COMPATIBILITY STANDARDS
Land Use Group
Maximum
Interior/Exterior
Noise Levels
(dBA)
Noise Contour per ACLUP
55 60 65 70 75 80
Residential 45/60

Lodging places 45/60

Educational facilities 45/65

Hospitals & nursing homes 45/65

Assembly uses (auditoriums, stadiums,
concert halls, theaters, churches, etc.) 45/no limit

Sports arenas & outdoor spectator
sports 45/no limit

Parks, playgrounds, recreation centers,
Fairgrounds & picnic grounds 50/65

Libraries, museums & art galleries 45/65

Golf courses, commercial riding stables
& water recreation 50/65

Commercial office 45/65

89 CHINO ZONING CODE

Manufacturing &
warehouse/distribution no limit/no limit

Public utilities no limit/no limit

Livestock, animal breeding & animal
Keeping no limit/no limit

Agriculture (commercial growing &
field crops) no limit/no limit

Conservation areas & natural
recreation areas 45/65

Legend: Normally Acceptable—Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements.

Conditionally Acceptable—New construction or development shall only be undertaken after a detailed acoustic analysis is prepared recommending measures to mitigate noise impacts to specified interior/exterior levels and mitigation measures are incorporated in the project design.

Normally Unacceptable —New construction or development is discouraged; however, if new construction or development does proceed, a detailed acoustic analysis shall be prepared recommending measures to mitigate noise impacts to specified interior/exterior levels and mitigation measures are incorporated in the project design.

Clearly Unacceptable—New construction or development should generally not be undertaken.

06.040
90 CHINO ZONING CODE

20.09.060 – Downtown Overlay District
A. Purpose. The Downtown Overlay District is intended to:

1. Create pedestrian -friendly environments in Downtown Chino that balance the needs of automobiles, bicycles, and pedestrians.

2. Promote high quality urban design in areas in high visibility areas of the city.

B. Residentially Zoned Properties.

1. Development Standards. Residentially zoned properties within the Downtown Overlay District shall comply with the development standards in Table 20.09-3.

2. General Regulations. The design and development of residentially zoned property shall comply with the requirements of Table 20.09 -3, Development Re gulations for Residentially Zoned Properties in Downtown Overlay District.

3. Siting and Orientation. New street curb cuts on lots with alley access are discouraged and require approval by the Director of Community Development and the City Engineer.

4. Compatibility. New primary dwelling units and expansions of existing primary dwelling units shall be compatible with the neighborhood in size, footprint, height, bulk, scale, coverage, and addressing security concerns.

TABLE 20.09-3 DEVELOPMENT REGULATIONS FOR RESIDENTIALLY ZONED PROPERTIES IN DOWNTOWN

OVERLAY DISTRICT
Feature Standard Additional Regulations
Site Requirements
Minimum Lot Area 4,500 sq.ft.

Minimum Lot Width 50 ft.

Minimum Lot Depth 90 ft.

Maximum Density (Dwelling Units Per
Adjusted Gross Acre) 8 DU/AC
Maximum Lot Coverage 45%
Maximum Floor Area Ratio: 0.55
Minimum Front Yard Landscape
Coverage 50% Chapter 20.19
91 CHINO ZONING CODE

Maximum Living Area, Accessory Dwelling
Unit Per Section 20.11.020
Maximum Building Height:

Primary Dwelling Unit 2-1/2 Stories or 35 ft.

Detached Accessory Dwelling Unit Per Section 20.11.020
Accessory Structures (Other Than
Accessory Dwelling Unit) 1 Story or 14 ft.

Notes:
[1] Units constructed on or before May 20, 1965, without off -street parking shall provide one covered space at the time of any structural enlargement adding more than 5 percent to the gross floor area of the existing dwelling unit. Two garage spaces shall be provided for the primary dwelling unit prior to issuance of building permits for a secondary dwelling unit and its required parking. [2] An additional 5 feet of setback shall be provided along primary and secondary arterial streets. [3] A building or structure with a nonconforming side yard setback, in existence on September 16, 1977, may be added to, extended or enlarged, provided that a side yard setback equal to or greater than the existing side yard setback is provided. [4] A minimum 20 feet setback must be provided for garages and carports facing a street side yard, measured from the door/opening, to the property line.
[5] Open porches may be constructed in the front and street side setbacks to encroach no closer than 12 feet to the front property line and 5 feet to the street side property line.

5. Specific Requirements. Each use, activity and/or facility shall meet the following requirements:
a. Number of Dwelling Units. No more than two dwelling units shall be permitted on one lot.
b. Rental. Separate sale of the accessory dwelling unit shall not be permitted; however, the unit may be rented.
c. Architecture. The accessory dwelling unit shall match the primary dwelling unit with respect to architectural detail and detailing, roof material, and exterior color and finish materials.
92 CHINO ZONING CODE

6. Review and Approval.
a. Permitted by Right. Review and approval of Accessory Dwelling Units shall meet the provisions of Chapter 20.11.020 – Accessory Dwelling Units.

C. Non-Residentially Zoned Properties. Commercial and other non- residentially zoned properties within the Downtown Overlay District shall comply with the following regulations.

1. Setbacks.
a. Maximum front setback: 10 feet.
b. Building walls shall be built to the front property line for a minimum of 70 percent of the primary street frontage.
c. Setback areas along the primary street frontage may be used only for building entryways, street-facing courtyards, sidewalk, landscape or other similar features. d. The building wall at the street frontage built with a minimum of 50 percent of the ground floor consisting of windows or storefronts with views into the building.

2. Building Entrances.
a. Principal building entries shall front upon the primary street. b. Building entries shall be accented with features such as moldings, lighting, overhangs or awnings.

3. Building Mass and Scale.
a. Buildings shall be articulated to reflect a human-scale street frontage rhythm, with building storefront widths of approximately 30 to 50 feet.
b. Minimum ground floor height for retail and office uses: 12 feet. c. Buildings shall have a clearly defined base and roof edge so that the façade has a distinct base, middle and top at a scale that relates to an individual person. 93 CHINO ZONING CODE

5. Pedestrian Orientation.
a. All development shall incorporate features as plazas, interior walkways, paseos, ornamental gates, trellises, lighting, plant materials, seating, fountains or other similar features to support attractive pedestrian spaces.
b. Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.
c. Clearly-marked pedestrian connections shall be provided between parking areas and buildings.

6. Parking.
a. Parking areas are prohibited between the building and primary street edge. b. Multi-story parking structures shall be lined with commercial, retail or residential use at the ground floor at street frontages.
c. To the extent possible, all outdoor parking areas should be divided into smaller units to reduce visual impacts associated with large expanses of pavement and vehicles. d. Building siting and parking design shall maximize opportunities for shared parking, access entries and driveways in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles.
e. Whenever possible, vehicle access should be provided from side streets and alleys to limit the number of driveways along the main thoroughfares.

7. Landscaping.
a. Street trees shall be included along all street frontages of commercial development. Trees shall be selected from a list of City -approved trees and shall be approved by the director prior to installation.
b. Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space. c. Where appropriate, landscape beds shall be provided along street curbs. Suitable landscaping beds include pots, planters and sustainable stormwater retention features. d. All landscaped areas shall have automatic irrigation systems installed to ensure that plant materials survive.
e. Landscaped areas, including trees and other planting, as well as paving, walls and fences shall be regularly maintained.
94 CHINO ZONING CODE

1. Due to the high number of small contiguous lots, sporadic existing development, the opportunity to develop the properties behind those fronting onto Central Avenue, the desire to develop the area in an aesthetic and functional manner, and the need to minimize and control traffic flow onto Central Avenue, the City Council has found and declared that the property within the Central Avenue Specific Plan presents unique problems for its development.

2. The Central Avenue Specific Plan is intended to:
a. Promote a positive image for the Central Avenue corridor by attracting quality development and by structuring land use, circulation and urban design in a manner that creates a coherent whole; and
b. Provide specific urban design guidelines to ensure that, as the plan is implemented, each project will contribute positively to the overall character and ambience of Central Avenue.

B. Applicability.

1. The Central Avenue Specific Plan is intended to supplement the provisions of this title. In the event of conflicts between the provisions of the specific plan document and the zoning ordinance of the city, the provisions of the Central Avenue Specific Plan shall apply, unless otherwise specified by this section.

2. In addition to the requirements of the Central Avenue specific plan, the planning commission may impose specific requirements which are reasonably necessary to overcome the problems recognized in subsection A.1 of this section. Upon request of a project applicant, the planning commission shall prepare findings supporting the relationship (nexus) between the standards set forth by this title and the requirements imposed upon a proposed development.

C. Permitted Uses. Uses permitted or conditionally permitted on property within the Central Avenue Specific Plan area shall be in accordance with the zoning district within which such property is located, as shown on the official zoning map and zoning maps distributed for general information to the public, except that, within Central Avenue Specific Plan District 5A and the Downtown/Civic Center Master Plan area, those uses listed within the specific plan shall apply.

D. Development Requirements. The development or alteration of any property, or the erection, installation, alteration or enlargement of any building or structure thereon, shall be subject to the standards and guidelines of the Central Avenue Specific Plan , and the following development requirements:

1. Property shall only be developed in such a manner as to overcome the problems of development recognized in subsection A.1 of this section.

2. The owner(s) of any property upon which a development project is proposed, or the erection, installation, alteration or enlargement of any building or structure thereon, shall convey any and 95 CHINO ZONING CODE

3. Existing residential development which is converted to commercial use shall have a minimum width of 96 feet, measured along the front lot line, except as permitted within District 4A, District 5A, and the Downtown/Civic Center Master Plan area (Phases 1 and 2) of the Central Avenue Specific Plan. Furthermore, the exterior of the structure to be converted may be required to be upgraded to conform to all codes and ordinances in effect at the time of conversion.

4. New commercial development may only occur on lots having a minimum width of 96 feet, measured along the front lot line, except as permitted within District 4A, District 5A, and the Downtown/Civic Center Master Plan area (Phases 1 and 2) of the Central Avenue Specific Plan.

5. Any item not covered by the Central Avenue Specific Plan, shall be governed by the provisions of this title.

20.09.080 – Industrial Planned Development Overlay District A. Purpose. The purpose of the Industrial Planned Development Overlay District is to achieve superior development, as compared to that which can be achieved through the strict application of the standards of a specific zoning district, by permitting greater flexibility in the design of industrial development, and promote a more efficient, aesthetically pleasing, and desirable use of land.

B. Permitted Uses. Uses permitted or conditionally permitted within the Industrial Planned Development Overlay District shall be in accordance with the base zoning district. However, in establishing an Industrial Planned Development Overlay District or approving a project within an Industrial Planned Development Overlay District, the Planning Commission and/or City Council may limit, or for mixed -use developments, add certain land uses, finding that such revisions are necessary to enhance the quality and character of the development and to ensure the compatibility between uses located within a planned development project and with existing or potential uses within the general area of the site. For the purpose of this section, a mixed -use development shall be considered a development that consists of a variety of complementary uses including, but not limited to:
residential, office, commercial retail and entertainment, that is planned and designed as a unified, comprehensive project area and that is visually integrated through architectural design, and functionally integrated through the use of shared vehicular and pedestrian access and parking areas.

C. Special Conditional Use Permit Required. An application for a Special Conditional Use Permit shall be filed in accordance with the provisions of Section 20.23.080 of this Code for any modifications to an existing Industrial Planned Development Overlay District. An application for a Zone Change shall be filed in accordance with the provisions of 20.23.060 of this Code for the establishment of an Industrial Planned Development Overlay District, and shall set forth a master plan of development for property located within the Industrial Planned Development Overlay District.
96 CHINO ZONING CODE

OVERLAY DISTRICTS CHAPTER 20.09
Part 2 –Zoning Districts July 2010
Revised: July 2014 (Ordinance No. 2014-013) Revised: April 2016 (Ordinance No. 2016-005) Revised: August 2017 (Ordinance No. 2017-009) Revised: October 2019 (Ordinance No. 2019-013) Revised: March 2020 (Ordinance No. 2020-006) Revised: April 2023 (Ordinance No. 2023-008 Revised: December 2024 (Ordinance No. 2024-003)
56 20.09.090 – Overlay Districts for Affordable Housing A. Purpose and Intent. The purpose of the overlay districts for affordable housing – the Affordable Housing Overlay (AHO) district and the Mixed Use Overlay (MUO) district – is to promote the development of affordable housing for low and very low income households in specific areas identified in the General Plan at densities of up to 30 dwelling units per acre if affordability requirements established in this section are met. More specifically, the AHO and MUO allow residential uses where they would not otherwise be allowed and provide for additional density in return for projects providing more affordable housing. The AHO is intended for standalone affordable housing projects, while the MUO provides for mixed use development with affordable housing either on upper floors or in separate buildings. This section also provides the residential development community two alternatives for construction of affordable housing within market -rate development and offers a streamlined process for administrative review of qualifying projects with affordable housing using checklists and objective standards as required by State law.

B. Relation to Base Zoning. The AHO and MUO district regulations shall apply in the case of a conflict with the base zoning district regulations when a housing project is proposed. However, when an applicant proposes only non-residential uses, then only the base zoning district land use regulations and development standards apply. The AHO and MUO regulations and development standards only apply to proposed housing projects.

C. Permitted Uses. Table 20.09-4 identifies residential land uses permitted in the AHO and MUO districts in addition to the uses that are permitted within the existing base zoning district.

T
ABLE 20.09-4 ADDITIONAL LAND USES PERMITTED IN AHO AND MUO DISTRICTS Uses
District
Additional Regulations
AHO and MUO
Residential Uses
Accessory Dwelling Units P Section 20.11.020
Multiple-Family Dwellings P
Senior Housing Projects P Section 20.21.340
Warehousing and Storage
Public Storage C-MUO only Sections 20.21.210 and 20.09.090(E)(4)

D. Required Density and Increased Density for Affordable Housing.

1. Minimum and maximum density.
a. Rental projects. The maximum density for residential development with rental units in the AHO and MUO districts shall be 26 units per adjusted gross acre unless a project qualifies for additional density by providing more affordable housing pursuant to subsection (2) 97 CHINO ZONING CODE

2. Additional density for affordable rental housing. An increase in the maximum density is allowed, as shown in Table 20.09 -5, for qualifying residential development with rental units if the percentage of low income units meets or exceeds the percentages shown, provided that the maximum density shall not exceed 30 units per adjusted gross acre.

TABLE 20.09-5 ADDITIONAL DENSITY FOR QUALIFYING AFFORDABLE RENTAL

HOUSING PROJECTS IN AHO AND MUO DISTRICTS
Maximum Allowable Density (Units per Adjusted Gross Acre) 26 27 28 29 30
Percent Affordable Units Required in Rental Projects:

Low Income Units 9 10 11 12 13

3. Additional density under state law. Applicants also may be eligible for a density bonus, incentives, and/or concessions under the State Density Bonus Law, the Affordable Housing and High Road Jobs Act of 2022, and other applicable State laws.

E. Additional Land Use Regulations for MUO District.

1. Types of mixed use allowed. Both horizontal and vertical mixed use development shall be allowed in the MUO district.
a. Horizonal mixed use development allows a range of uses adjacent to one another, either in separate buildings or parcels. Individual buildings may share project components, such as parking, serving, loading, and utility areas.
b. Vertical mixed use allows for a mix of uses within a single building where non -residential uses occupy the ground floor and residential uses are on the upper levels. A vertical mixed use project may have surface parking, subterranean parking decks, and/or at grade and above grade parking decks.

2. Minimum amount of residential use required in a mixed -use project. In a mixed -use project, at least fifty percent of the gross floor area shall be reserved for residential use.

3. One hundred percent residential use allowed. Projects developed in the MUO district may be one hundred percent residential. No minimum percentage of non-residential use is required. 98 CHINO ZONING CODE

5. Public Storage Facilities. In addition to the requirements of Section 20.21.210, public storage shall comply with the following standards:
a. Minimum site size. Public storage facilities are only allowed within mixed use development on sites with of five acres or more.
b. Setbacks. Public storage facilities shall be setback a minimum of 50 feet from front and street side property lines.
c. Maximum building height. If freestanding, the maximum building height for a public storage facility shall not exceed the building height of an adjacent residential only or mixed us building.
d. Maximum floor area. The maximum floor area for public storage facilities on a site shall not exceed 25 percent of the gross floor area for all residential and non-residential uses. e. Exterior building materials. The exterior building materials, colors, and finishes of the public storage facility shall be the same as those used for residential and mixed use buildings on the project site to create a unified appearance f. Building articulation. The building facades of public storage facilities that face streets or residential and mixed use buildings in a project shall include building projections or recesses, doorways or window trim, and other details that provide architectural articulation and visual interest.
g. On-site management. On- site, 24-hour management shall be provided, and the Planning Commission may establish specific hours of operation as a condition of approval of a conditional use permit for a public storage facility.

F. Development Standards for the AHO District. All residential development in the AHO district shall comply with the development standards in Table 20.09 -6 and the supplemental design standards following the table; and with the Multiple-Family Residential Design Standards in Section 20.17.050 to the extent these are not superseded by the supplemental design standards following the table. If no housing is proposed, then non- residential development must comply only with the standards of the base zoning district with which the AHO district is combined and the Commercial Design Standards in Section 20.17.070.
99 CHINO ZONING CODE

DISTRICT
Feature Standards Additional Regulations
Site Requirements
Minimum Lot Area 10,000 sq. ft.

Minimum Lot Width 100 feet
Maximum Lot Coverage 65%
Maximum Floor Area Ratio (non-residential Space) 0.85 Note 1 Minimum Landscape Coverage 15% See Chapter 20.19
Refuse Storage and Recycling See Chapter 20.10.060
Building Form and Location
Maximum Building Height 40 feet Note 2
Minimum Setbacks:

Front 15 feet Notes 3, 4, and 5
Rear 10 feet; 15 feet if adjacent
to a Residential or
Industrial District See also Subsection (F)(1).

Interior Side 5 feet; 10 feet if adjacent to
a Residential District
Street Side 10 feet Chapter 20.18 and Notes 3, 4, and 5 Minimum Building Separations 15 feet
Other Requirements
Off-street parking and loading for non-residential uses See Chapter 20.18 (Parking) Street curb cuts Note 6
Notes:
[1] Additional FAR is allowed up to 1.25 for projects with affordable rental units. The amount of additional FAR shall be cal culated based on the increase in density allowed for qualifying projects meeting affordable housing criteria. For example, if a project receives a one unit per acre increase in density, then it receives a 0.125 increase in allowable FAR. [2] Additional height is allowed up to 45 feet for lots with at least 100 feet of primary street frontage to enable provision of sloped roofs and common open space for recreational facilities. The upper story above 40 feet shall be setback back an additional seven feet from the interior property line if the project is adjacent to a Residential zoning district. [3] The front setback may be reduced to 10 feet on the following streets: Riverside Drive and Central Avenue. [4] A minimum 20-foot setback must be provided for garages and carports facing a street. [5] Open or covered porches may be constructed in the front and street side setbacks to encroach no closer than 12 feet to th e front property line and 5 feet to the street side property line. [6] New street curb cuts are not allowed on lots with alley access unless approved by the Director of Development Services and the City Engineer to accommodate affordable housing units.

1. Required side and rear yards for residential uses. In order to provide light and air for residential units and additional separation for rooms that contain areas that require additional privacy considerations, the following minimum setbacks shall apply to any building wall containing windows and facing an interior side or rear yard. The required setbacks apply to that portion of the building wall containing and extending 3 feet on either side of any window. a. For any wall containing living room or other primary room windows, a setback of at least 15 feet shall be provided.
b. For any wall containing sleeping room windows, a setback of at least 10 feet shall be provided.
c. For all other walls containing windows, a setback of at least 5 feet shall be provided. 100

CHINO ZONING CODE

3. Building entrances.
a. Principal building entries shall front upon the primary street or be in a visually -prominent location as determined by the Director of Development Services. b. Building entries shall be accented with features such as moldings, lighting, overhangs, or awnings.

4. Building mass and scale.
a. To reduce upper -story building mass, floorplates for the third story and above shall not exceed 80 percent of the ground -floor floorplate. The Director of Development Services may waive this requirement upon finding the architectural articulation of exterior walls and a sloped roof modulates the visual mass of the top of the building and avoids the appearance of a box-like structure.
b. Buildings that are more than 150 feet in length shall include a minimum 2 -foot vertical variation in height for at least 50 feet.

5. Pedestrian orientation and accessible pedestrian facilities on designated streets. a. Along Riverside Drive and Central Avenue south of Highway 60, all development on sites over two acres in size shall incorporate such features as plazas, interior walkways, canopies, arcades, paseos, ornamental gates, trellises, lighting, plant materials, seating, fountains, or other similar features, as appropriate, to support and enhance pedestrian spaces. b. Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.
c. Clearly marked pedestrian connections shall be provided between parking areas and buildings.
d. All sidewalks, crosswalks, courts, plazas and residential buildings shall be designed to be safe, accessible, and convenient for individuals of all abilities, whether travelling by foot, wheelchair, or other mobility aid, consistent with the City’s adopted Policy on Accessible Pedestrian Facilities.
101

CHINO ZONING CODE

7. Landscaping.
a. Street trees shall be included along all street frontages with multi -family housing development. Trees shall be selected from a list of City -approved trees and shall be approved by the Director of Development Services prior to installation. b. Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space.

G. Development standards for the MUO district. All residential-only buildings and mixed use development with residential units in the MUO district shall comply with the development standards in Table 20.09 -7 and the supplemental design standards following the table, and with the Multiple - Family Residential Design Standards in Section 20.17.050 and the Mixed Use Design Standards in Section 20.17.060 to the extent these are not superseded by the supplemental design standards following the table. Non-residential development shall comply with the standards of the base zoning district with which the MUO district is combined and the Commercial Design Standards in Section

20.17.070.

TABLE 20.09-7 DEVELOPMENT STANDARDS FOR RESIDENTIAL AND MIXED USE DEVELOPMENT IN

MUO DISTRICT
Feature Standard Additional Regulations
Site Requirements
Minimum Lot Area 10,000 sq. ft.

Minimum Lot Width 100 feet
Maximum Lot Coverage 80%
Maximum Floor Area Ratio
(non-residential space)

1.0 Note 1
Minimum Landscape Coverage 15% See Chapter 20.19
Refuse Storage and Recycling See Chapter 20.10.060
Building Form and Location
Maximum Building Height 50 feet Note 2
Minimum Setbacks (ft.):

Front 10 feet; 15 feet if ground floor is
residential
Notes 3 and 5
102

CHINO ZONING CODE

OVERLAY DISTRICTS CHAPTER 20.09
Part 2 –Zoning Districts July 2010
Revised: July 2014 (Ordinance No. 2014-013) Revised: April 2016 (Ordinance No. 2016-005) Revised: August 2017 (Ordinance No. 2017-009) Revised: October 2019 (Ordinance No. 2019-013) Revised: March 2020 (Ordinance No. 2020-006) Revised: April 2023 (Ordinance No. 2023-008 Revised: December 2024 (Ordinance No. 2024-003)
62 Rear 10 feet; 15 feet adjacent to a
Residential District See also Subsection (G)(1). Interior Side 0 feet; 10 feet adjacent to a Residential District
Street Side 10 feet Notes 3, 4, and 5
Minimum Building Separations 15 feet
Other Requirements
Off-street parking and loading for
non-residential uses
See Chapter 20.18
Street curb cuts Note 6
Notes:
[1] Additional FAR is allowed up to 1.25 in mixed use development with affordable rental units. The amount of additional FAR shall be calculated based on the increase in density allowed for qualifying projects meeting affordable housing criteria. For example, if a project receives a one unit per acre increase in density, then it receives a 0.0625 increase in allowable FAR. [2] Additional height is allowed up to 55 feet for lots with 100 feet of street frontage to enable provision of sloped roofs and common open space for recreational facilities. The upper story above 40 feet shall be setback back an additional seven feet from the interior property line if the project is adjacent to a Residential zoning district. [3] A minimum 15 feet of front and street side setback shall be provided along primary and secondary arterial streets. A reduced front setback may be allowed on the following streets: Riverside, Central, and Euclid. [4] A minimum 20-foot setback must be provided for garages and carports facing a street. [5] Open or covered porches may be constructed in the front and street side setbacks to encroach no closer than 12 feet to the front property line and 5 feet to the street side property line. [6] New street curb cuts are not allowed on lots with alley access unless approved by the Director of Development Services and the City Engineer to accommodate for affordable housing units.

a. For any wall containing living room or other primary room windows, a setback of at least 15 feet shall be provided
b. For any wall containing sleeping room windows, a setback of at least 10 feet shall be provided.
c. For all other walls containing windows, a setback of least 5 feet shall be provided.

2. Required building wall on designated streets. Along Riverside Drive and Central Avenue south of Highway 60, building walls shall be constructed along or within 10 feet of the front property line for a minimum of 70 percent of the primary street frontage and 40 percent on secondary street frontages. This requirement may be waived by the Director of Development Services upon finding that:
a. Ground-floor residential uses are proposed, a minimum 15-foot setback is proposed, and substantial landscaping will be located between the build-to and ground-floor residential units as a buffer;
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CHINO ZONING CODE

3. Required ground floor transparency for non-residential uses. Exterior walls for non-residential ground-floor uses facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 60 percent of the building wall area between 2 feet and 8 feet above the sidewalk. No wall shall run in a horizontal plane more than 25 feet without an opening.
a. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work area, lobbies or other active spaces, and window displays shall be at least 3 feet in depth.
b. Parking garages are not required to meet these transparency requirements. c. Alternatives to the building transparency requirement may be approved by the Director of Development Services for uses that have unique operational requirements making windows or doors infeasible or for street-facing building walls that exhibit architectural relief and detail with landscaping that creates visual interest at the pedestrian level.

4. Building entrances.
a. Principal building entries shall front upon the primary street. b. Building entries shall be accented with features such as moldings, lighting, overhangs, or awnings.

5. Building mass and scale.
a. To reduce upper-story building mass, floorplates for the fourth story shall not exceed 80 percent of the ground-floor floorplate. The Director of Development Services may waive this requirement upon finding the architectural articulation of exterior walls and a sloped roof modulates the visual mass of the top of the building and avoids the appearance of a box-like structure.
b. Buildings that are more than 150 feet in length shall include a minimum 2-foot vertical variation in height for at least 50 feet.
c. To maintain a human-scale at the street level where ground floor commercial space is provided, building storefront widths shall not exceed 30 feet without a recess or a break, which may be a building entry or a separate display window. d. Minimum ground floor height for commercial uses, including retail shops, restaurants, and offices: 14 feet.

6. Pedestrian orientation and accessible pedestrian facilities on designated streets. a. Along Riverside Drive and Central Avenue south of Highway 60, all development on sites over two acres in size shall incorporate features such as plazas, interior walkways, canopies, 104

CHINO ZONING CODE

OVERLAY DISTRICTS CHAPTER 20.09
Part 2 –Zoning Districts July 2010
Revised: July 2014 (Ordinance No. 2014-013) Revised: April 2016 (Ordinance No. 2016-005) Revised: August 2017 (Ordinance No. 2017-009) Revised: October 2019 (Ordinance No. 2019-013) Revised: March 2020 (Ordinance No. 2020-006) Revised: April 2023 (Ordinance No. 2023-008 Revised: December 2024 (Ordinance No. 2024-003)
64 arcades, paseos, ornamental gates, trellises, lighting, plant materials, seating, fountains, or other similar features, as appropriate, to support and enhance pedestrian spaces. b. Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.
c. Clearly marked pedestrian connections shall be provided between parking areas and buildings.
d. Encroachments into the public right-of-way are allowed for outdoor seating in conjunction with full-service restaurants and food retailers, provided a minimum 6-foot wide walkway and pedestrian clear zone is maintained, and the outdoor eating area is contiguous with interior eating space and does not encroach into the public right-of-way of an adjacent business. An encroachment permit issued by the City is required, and a fee may be charged.
e. All sidewalks, crosswalks, courts, plazas, and residential buildings shall be designed to be safe, accessible, and convenient for individuals of all abilities, whether travelling by foot, wheelchair, or other mobility aid, consistent with the City’s adopted Policy on Accessible Pedestrian Facilities.

7. Parking.
a. Long-term parking and residents’ guest parking areas are prohibited between the building and primary street edge. On-site parking shall be in the rear of buildings in the back half of the lot or development site. Short-term drop-off spaces, short-term parking for retail shops, and a limited number of parking spaces for guests of residents may be allowed with valet service in courtyards and at building entries with approval of the Planning Commission.
b. Multi-story parking structures within 25 feet of a street frontage shall be buffered with foundation planting or lined with commercial, retail, or residential use at the ground floor. c. Building siting and parking design shall maximize opportunities for shared parking, access entries and driveways in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles.
d. Whenever possible, vehicle access shall be provided from side streets and alleys to limit the number of driveways along arterial streets.

8. Landscaping.
a. Street trees shall be included along all street frontages of mixed-use development. Trees shall be selected from a list of city-approved trees and shall be approved by the Director of Development Services prior to installation.
b. Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space. 105

CHINO ZONING CODE

OVERLAY DISTRICTS CHAPTER 20.09
Part 2 –Zoning Districts July 2010
Revised: July 2014 (Ordinance No. 2014-013) Revised: April 2016 (Ordinance No. 2016-005) Revised: August 2017 (Ordinance No. 2017-009) Revised: October 2019 (Ordinance No. 2019-013) Revised: March 2020 (Ordinance No. 2020-006) Revised: April 2023 (Ordinance No. 2023-008 Revised: December 2024 (Ordinance No. 2024-003)
65 H. Open spaces standards for residential projects. The open space requirements of the Multiple- Family Residential Design Standards in Section 20.17.050 for private areas and common areas shall apply to all proposed residential development and to residential units in mixed use development with the following modifications. Private areas shall consist of balconies, decks, patios, or fenced yards directly accessible from the residence. Common areas shall consist of landscaped areas, walks, patios, swimming pools, picnic and barbeque areas, playgrounds, children’s play areas, playing courts, turf, rooftop areas, gym and fitness facilities, space for yoga, dance and instruction, or other such improvements as are appropriate to enhance the outdoor living environment of the development and to provide recreational facilities for residents. Landscaped courtyard entries that are oriented towards the public street and create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items or devoted to perimeter landscaping shall be developed as common areas with the types of attributes described above.

1. Minimum amount of outdoor living area (private or common open space). The minimum percentage of net lot area devoted to permanent open space is 20 percent, and the minimum area to be devoted to outdoor living area (private or common open space) shall be 400 square feet per unit.

2. Minimum amount of private open space. The minimum amount of private open space shall be at least 25 percent of the amount of outdoor living area required. This space shall be provided on patios, decks or balconies shall be as follows:
a. Ground floor units: 150 square feet patio with a minimum horizontal dimension of 10 feet or 72 square foot deck with a minimum horizontal dimension of 6 feet; and b. Upper level units: 72 square feet with a minimum horizontal dimension of 6 feet.

3. Minimum amount of common open space areas. A minimum of 65 percent of the required outdoor living area shall be provided as common open space with a minimum horizontal dimension of 20 feet. This common open space shall be a well-designed, coherent area that is an essential component of the project’s design, not merely space left over after the building mass is placed.
a. Landscape areas having minimum dimensions of less than 20 feet but at least five feet at any point which are contiguous with and an integral part of the common open space or are connected to the common open space by walkways, may be included in calculating the area of such space. Non-contiguous landscape areas proposed to be included shall not exceed 20 percent of the total area of common open space. b. Up to one-half of covered patio areas designed to be commonly used by residents of a development may be included in calculation of common open space provided such area does not comprise more than 25 percent of the total common open space. c. Up to 15 percent of the required common open space area may be provided within a recreational building.

4. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood 106

CHINO ZONING CODE

5. Accessibility.
a. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.
b. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.

6. Recreational facilities requirements. In high density multi-family or mixed use development with a minimum of 25 dwelling units per gross adjusted acre, essential recreational facilities, as prescribed below, may be proposed in lieu of the requirements of major and minor facilities in Section 20.17.050 (C) which require more land than may be available in a high density project.

These essential recreational facilities may include: 1) a gym or fitness room, 2) space for yoga, dance, or other instruction, 3) enclosed or outdoor space for playing courts or games, 4) children's play area, 5) picnic and barbeque area, or 6) children’s daycare space. At least 250 square feet per unit shall be provided for these recreational facilities, and there shall be a minimum of 2 of these facilities in projects with 10-50 units, 3 of these facilities in projects with 51-100 units, and 4 or more of these facilities in projects with more than 100 units. No essential recreational facilities are required in a small project, with less than 10 dwelling units. The space allocated for recreational facilities shall count toward the requirement for common open space, and this space may be within buildings.

I. Minimum affordable housing requirement.

1. Requirement. Residential development projects in an AHO and an MUO district with 10 or more dwelling units shall provide the following minimum numbers of affordable housing units:
a. Rental projects: 9 percent of the total units affordable to low income households at an affordable rent.
b. For-sale projects: 3 percent of the total units in a Common Interest Development for moderate income households at an affordable sales price, provided that all of the units are offered to the public for purchase.
c. Projects with both rental units and for sale units: The minimum numbers shall be calculated separately for each type of housing.

2. Calculations. All calculations of the number of affordable units required to be built on-site in a project that result in fractional units shall be rounded up to the next whole number.

3. Common owners and control. An applicant for development within an AHO or MUO district shall not avoid the requirements of this section by submitting piecemeal planning applications.

At the time of the first application for residential development, the applicant shall identify all contiguous property under common ownership and control. The applicant shall not be required to construct housing on contiguous property but must include such property in a comprehensive affordable housing plan.
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5. Location, size, design, and distribution of affordable units. Affordable units shall have the same bedroom and bathroom count ratio as the market rate units in a project, be equally distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. The affordable housing units shall be integrated with other housing units in the housing development with regard to siting and placement within buildings and shall not differ in exterior appearance from the other housing units. The location of the affordable housing units may or may not be on contiguous parcels within the site. In no event shall the affordable housing units be located in only one portion of the housing development or situated in one building of a multi-building development.

6. Timing of Construction. All required affordable units shall be made available for occupancy prior to, or concurrently with, the market-rate units. The affordable units may be constructed in phases if the market-rate units are constructed in phases, provided that the percentage of affordable units developed in each phase shall be equivalent to or greater than the total percentage of affordable units to be developed as part of the residential development until such time that all the affordable units have been built.

J. Alternatives. In lieu of providing the affordable units in the housing development project required by Section 20.09.090 (D) and (I), the requirements of those subsections may be satisfied through one or more of the alternatives set forth below.

1. In-Lieu Fee.
a. For housing development projects proposing up to 20 units, the developer may, by right, pay a fee in lieu of providing affordable units on site. b. For housing development projects proposing more than 20 units, the developer shall only be allowed to pay in-lieu fees if the Planning Commission makes a finding that providing affordable units on-site would result in an extreme financial hardship to the developer and make the proposed project financially infeasible. The developer shall submit a request to pay a fee in lieu of providing affordable units on site as part of the project application.

Such request shall include sufficient documentation and financial analysis to allow the Planning Commission to make the required findings. At the City’s discretion, the City may contract with a third-party financial consultant to evaluate the documentation and analysis submitted by the applicant and make a recommendation to the City regarding the issues of extreme financial hardship and financial infeasibility. The developer shall be required to reimburse the City for all costs related to hiring any such third-party consultant, which shall be in addition to any other required application fees. The demonstration of financial hardship and infeasibility may be based on, among other things, such factors as project size, site constraints, and/or excessively large affordability gaps, or upon a demonstration that in the absence of allowing for payment of in-lieu fees, the imposition of the affordable housing production requirements in this Section would violate the California and/or 108

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2. Land Dedication. In lieu of providing affordable units on-site, a developer may request City Council approval to dedicate land to the City or to a City-approved affordable housing developer that the Director of Development Services determines is suitable for the construction of the required number of affordable units and is within one mile of the project site. To accept a land dedication in lieu of on-site affordable units, the City Council must determine the fair market value of the dedicated land is equivalent to or greater than the amount of in-lieu fees that would have been needed to satisfy the housing development project's affordable housing obligation and that the required number of units for very low income residents will be built on this land based on a proposed conceptual site plan and proforma financial analysis demonstrating project feasibility with available funding. a. The developer must submit evidence that the land proposed to be dedicated is under the developer’s control, will be conveyed at no cost to the City or a City-approved affordable housing developer with experience building rental housing for very low income households, is free of any liens, all property taxes and special taxes have been paid, does not contain any hazardous materials, has the appropriate General Plan designation and zoning to allow construction of the required number of units, and has the necessary infrastructure and public improvements to support the required number of affordable units. Only sites within an AHO or MUO district that are within one mile of the project site can be considered for land dedication.
b. The developer must disclose whether any hazardous materials were previously contained on the site; and hazardous materials were previously remediated, the developer must provide evidence that the cleanup was performed in accordance with applicable law. c. The land proposed for dedication cannot have been improved with any residential use for at least five years prior to the submission of a land dedication proposal. d. The affordable units to be constructed on the dedicated land shall be at least 20 percent of the total number of units in the project, and these units must be rental units affordable to very low income households.
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K. Review Procedures.

1. Preliminary Review. A developer requesting additional density above 26 units per adjusted gross acre for a rental project under Section 20.09.090(D) shall submit an application for preliminary review, accompanied by the required application fee, for feedback prior to the submittal of any formal requests for approval of additional density. The purpose of the preliminary review is to determine whether the proposed development is in substantial compliance with applicable planning regulations and to establish the basis and procedures for granting the additional density. The following information is required to be submitted for preliminary review in the form of a proposed affordable housing plan in addition to information required by the Department’s preliminary review checklist:
a. Evidence that the project includes the qualifying percentages of affordable units set forth in Section 20.09.090(D) to justify the additional density requested; b. Calculations showing the maximum base density and the density with the additional units; c. Number and percentage of total units that are proposed to meet affordability criteria and the income level to which the units will be restricted; and d. A description of any proposed waivers or reductions of development standards or other zoning requirements, consistent with the provisions of Government Code Section 95915 (k).

2. Site approval required. All residential development or mixed use development with residential units in an AHO or MUO district shall require approval of a Site Approval application as outlined under Section 20.23.090. For residential development and mixed use development with residential units, design review by the Planning Commission shall be undertaken only to determine compliance with the City’s objective design standards using the Site Approval process.

3. Additional findings for approval. The Planning Commission shall grant a Site Approval if it makes the findings required by Section 20.23.090 and the following additional findings:
a. The proposed development meets the affordability criteria for the requested density in accordance with the requirements of subsection (D) and (I); and 110

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4. Conditions of approval. The Planning Commission has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable specific plan adopted by the City Council, and this Title are met, including requirements for needed off-site public improvements. The Commission may require reasonable guarantees and evidence that such conditions are being, or will be, met.

5. Special procedures for projects with at least 20 percent affordable units. Notwithstanding any other provision of this section 20.09.090, owner-occupied and rental multifamily residential developments in either an AHO or MUO district that are located on a site that is included in Appendix B (Candidate Sites Analysis) of the city’s Sixth Cycle Housing Element (2021-2029), meet the objective development standards and density requirements in this section, and in which at least 20 percent of the units are affordable to lower income households shall be a use by right.

For purposes of this subsection (K)(5), “use by right” shall have the meaning given in Government Code section 65583.2(i), as may be amended. Developments that qualify under this subsection (K)(5) shall be subject to the review procedures in this subsection (K), except that neither the design review nor the site approval shall be considered a “project” for purposes of the California Environmental Quality Act.

L. Required affordable housing agreement for continued affordability. Prior to the issuance of a building permit for any residential development project with affordable housing units in an AHO or MUO district, the applicant shall enter into a written agreement with the City ensuring the continued affordability of the affordable dwelling units for a period of not less than 75 years or as long as the property is in residential use, whichever is greater, for rental units and 45 years for for-sale units. The terms and conditions of the agreement shall be binding upon the successor in interest of the developer and shall be recorded in the main office of the San Bernardino County Assessor-Recorder- Clerk. The agreement shall be executed by the City Manager, be in a form acceptable to the City Attorney, and include provisions for the following:

1. The number and proportion of housing units affordable to moderate-income, low-income, and very-low income households by type, their location, and the number of bedrooms in each one;

2. Standards for maximum qualifying household incomes and maximum rents or sale prices;

3. Minimum home buyer payments and sources of funds for them;

4. The party responsible for certifying rents and sales prices of affordable housing units and reporting this information to the City;

5. The process that will be used to certify incomes of tenants or purchasers of the affordable housing units;

6. The manner in which vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units; 111

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8. Enforcement mechanisms to ensure that the affordable rental units are continuously occupied by eligible households and are not rented, leased, sublet, assigned, or otherwise transferred to non-eligible households, with reasonable allowances for inherited units and units initially occupied by very low income individuals who incomes may increase to a low income level;

9. Provisions allowing moderate income homebuyers to resell the unit at fair market value in return for the City receiving payment equal to the original Affordability Gap plus a defined share of the equity appreciation achieved on sale, which shall be deposited in the City’s Overlay District Affordable Housing Fund and used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership; and

10. Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the market-rate units.

M. Overlay District Affordable Housing Fund. There is a separate fund of the City known as the Overlay District Affordable Housing Fund, and all in-lieu fees or other funds collected under this section shall be deposited into the Overlay District Affordable Housing Fund. Additional funds from other sources also may be deposited in the Overlay District Affordable Housing Fund.

1. Money deposited in the Overlay District Affordable Housing Fund may be used to pay for the direct costs associated with administration and enforcement of the affordable housing program established for the AHO and MUO districts.

2. After payment of expenses, at least 70 percent of the remaining money shall be expended to provide housing affordable to low income and very low income housing holds; the remaining money may be expended to provide housing affordable to moderate-income households.

3. The fund shall be administered by the Director of Development Services.

4. A developer receiving funding from the fund shall implement a local preference in their resident selection criteria.

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CITY OF CHINO

GENERAL PLAN

LAND USE ELEMENT

TABLE LU-1 LAND USE DESIGNATION ACREAGES (CONTINUED)
LU-9

Land Use

Acres in City
Limits
Acres in
SOI
Total
Acres
Airport Related 170 – 170
Overlays
Affordable Housing Overlay 114* – 114*
Mixed Use Overlay 119* – 119*
Total 16,680 1,395 18,075
Note: du/ac= dwelling units per acre.
*Overlay acreage not added to total.

For each land use de signation, the uses allowed and the standards of density or intensity are spec ified. Densities and intensities in all cases are based on adjusted gross acres. The adjusted gross acreage of a lot excludes all land within the ultimate right-of-way for Expressways, Major Arterials, Primary Arterials, Secondary Arterials, and Collector streets, as shown in the Tran sportation Element. The number of residential units permitted for a parcel is determined by multiplying the residential density factor by the adjusted gross acres of the parcel. For non- residential uses, inclu ding commercial, office , and industrial uses, intensity is expressed as an average Floor Area Ratio (FAR). FAR is calculated as the total square footage of buildings on a site, divided by the total square footage underlying the site. The city -wide land use designations are described below, followed by the land use designations for the Specific Plans.

1. Residential Land Use Designations
The residential designations include seven distinct designations of varying density.

They permit certain non -residential uses including places of worship, day care centers, schools, libraries, and recreational facilities.

a. RD1
This is a large -lot rural residential designation allowing 1 dwelling unit per adjusted gross acre (1.25 with provision of affordable housing). The pu rpose of this land use designation is to provide for very large lot residential deve lopment in a rural environment. These areas should be typified by rural uses, including horse-keeping and other small-scale agricultural uses consistent with residential areas.

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GENERAL PLAN

LAND USE ELEMENT
LU-12

e. RD12
This designation allows for a variety of residential land uses, from attached dwellings to townhouses. It allows 8 to 12 dwelling units per a djusted gross acre (15 with the provision of affordable housing). The purpose of this land use designation is to encourage a wide range of residential land uses.

f. RD14
This land use designation allows for a variety of residential uses, including attached dwelling units and town houses. It allows 12 to 14 dwelling units per adjusted acre (17.5 with the provision of affordable housing) . The pu rpose of this land use designation is to allow slightly more dense multi-family development.

g. RD20
This high density residential development tends to be located near major commercial areas, neighborhood shopping centers, and freeway access . It allows 14 to 20 dwelling units per adjusted gross acre (25 with provision of affordable housing). The purpose of this land use designation is to provide for a relatively high density residential environment typified by four -plex developments and garden apartments.

2. Mixed-Use Designations
The city-wide mixed-use designations are only found in the SOI and on the Focused Growth Map . For areas with this designation on the F ocused Growth Map, the mixed -use designation would only be applicable if projects are a pproved by city-wide vote consistent with the Focused Growth Plan. The Focused Growth Plan is discussed in Section E, below.

a. MU20
This designation allows buildings combining mixes of uses including co mmercial and residential. Typically located along major corridors, this designation is intended to provide housing and retail in close proximity. Typical uses will include housing over small-scale retail. Maximum allowed reside ntial density is 20 dwelling units per adjusted acre and the FAR is 1.25.

b. MU30
This designation allows for higher density mixed -use developments and is reserved only for key central locations. There will be similar uses to the mixed -use medium 124

CITY OF CHINO

GENERAL PLAN

LAND USE ELEMENT

LU-13

density designation, but additional residential density is allowed. Maximum residential density will be 30 dwelling units per gross acre and FAR is 1.5.

3. Commercial Land Use Designations
Four solely commercial designations are contained on the Land Use Map. The commercial designations are diverse and provide locations for an array of local- and regional-serving commercial establishments in Chino.

a. Regional Commercial
This designation is intended for the development of regional shopping ce nters and accompanying uses. Such uses include department stores, home furnish ings and appliance stores, apparel stores, specialty retail stores, and restaurants. The FAR is

0.6. b. General Commercial
This designation is to provide commercial uses for Chino residents’ daily and occasional needs. It is applied only in existing major commercial areas. Ge neral commercial areas include a wid e variety of commercial, office, and re staurant uses oriented to retail trade. There is a 2-acre minimum lot size. The FAR is 1.0.

c. Neighborhood Commercial
This designation is for shopping centers for daily shopping needs with a se rvice radius of approximately 1 mile. Typical uses include superma rkets, drug stores and a variety of smaller shops. These neighborhood amenities should be provided throughout the City, generally on lots no greater than 5 acres. The FAR is 0.3.

d. Office Commercial
While office uses are allowed in all commercial designations , the office co mmercial designation applies to areas to be used predominantly for offices. The FAR is 1.0.

4. Industrial Land Use Designations
Chino has f our categories of industrial land uses to plan for the large indu strial economy in the City.

a. General Industrial
This designation is for heavy industrial or manu facturing uses, many of which may generate heavy traffic , noises, or odors. There is a 1-acre min imum lot size and generally only single-tenant uses are permitted. The FAR is 0.6.

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CITY OF CHINO

GENERAL PLAN

LAND USE ELEMENT

LU-19

9. Overlay Designations
a. Affordable Housing Overlay (AHO)
This designation is intended to promote the development of affordable housing for low, very low, and moderate income households in specific areas identified in Figure LU -2 where high density residential uses would not otherwise be allowed.

The AHO is intended for standalone affordable and mixed income housing projects at densities of up to 30 dwelling units per acre.

b. Mixed Use Overlay (MUO)
This designation is intended to promote the development of affordable housing for low, very low, and moderate income households in specific areas identified in Figure LU -2 where high density residential uses would not otherwise be allowed.

The MUO provides for mixed use development with affordable housing either on upper floors or in separate buildings at densities of up to 30 dwelling units per acre.

E. Measure M and the Focused Growth Plan
Measure M is a group of General Plan policies and a section of the City’s M unicipal Code that limits the expansion of multiple family housing develo pments by requiring a vote of the people prior to rezoning any parcel to allow for an increase in allowed residen tial density. This section provides general background on Measure M , and explains how some parcels might be deve loped with alternative uses under this General Plan after a Measure M vote.

1. Measure M Background
In 1988 the citizens of Chino adopted Measure M as part of the General Plan and municipal code. Its purpose is to limit the expansion of multiple family housing developments by preventing the rezoning of non-residential land to res idential use.

Measure M prevents the change of any land zoned non-residential to residential use and the rezoning of any land zoned reside ntial for higher density residential use .

Any such changes must be made through another ba llot initiative. The ordinance applies to the zoning map as it was on November 8, 1988. The following text constitutes the General Plan policies enacted by the Measure M ordinance:
♦ Section 1: To insure the quality of the residential environment and the qua lity of life in the City of Chino, the People of the City of Chino hereby declare their intent to establish maximum densities for residential lands and to prevent the increase of land designated for residential uses within the City of Chino. 126
1 SUBMISSSION TO BE INCLUDED IN THE OFFICIAL RECORD:

APPEAL OF A WRITTEN DECISION BY THE DEVELOPMENT SERVICES DIRETOR

RELATED TO THE INTERPRETATION OF HOW FLOOR AREA RATIO IS ENFORCED FOR PROJECTS LOCATED WITHIN THE MIXED USE OVERLAY DISTRICTS. File No. 25-018

1. This appeal is based upon the vague, capricious and arbitrary interpretation of development standards for Floor Area Ratio as found in Section 20.09.090 and as further described in Table 20.09- 7 Note 1 of the Zoning Code. See Appellant Letter of Appeal dated December 13, 2024, as contained in February 19, 2025 Planning Commission’s Agenda Packet, pages 81-85 of packet page numbers.

2. The relevant question before the Planning Commission is how Floor Area Ratio is used to control the scale of development in the City of Chino and how to ensure that new construction is compatible with the community. The purpose of the Floor Area Ratio (FAR) is to help determine if a building's scale and mass are compatible with the surrounding neighborhood.

FAR is a measurement that controls the intensity of building coverage by comparing the total floor area of a building to the size of the lot it's located on.

3. The underlining question of this appeal is if our city government is going to allow developers to dictate our development standards and destroy our neighborhoods or is the city going to listen to the voice of its citizens. It is my opinion that the Zoning Code, under Section

20.09.090 for mixed use overlay developments was ill -conceived and poorly written. It is allowing unscrupulous developers to manipulate the zoning code to enhance their profits to the determent of the citizens of Chino. These high density developments will destroy our residential neighborhoods and the small-town feel of our city. It also appears that the City Planning Staff is no more than a rubber stamp for the demands of the developers.

4. I hope this Planning Commission hears the objections on how ill -advised and the poorly written zoning codes are adversely affecting its citizens. It is my opinion that the Planning Division appears to only be listening to the developers and crafting zoning standards that benefit the developers profits to the disadvantage of the citizens who need to live in the surrounding neighborhoods. This must stop.

5. The issue is if the development standards of 20.09.090 and Table 20.09- 7, including Note 1, are consistent and in compliance with the General Plan of Chino, and California state standards under various laws and regulations and to the city’s intent when passing and adopting the affordable housing standards of Measure Y .

6. A full and diligent review of the facts will disclose that the interpretation by the Director of Development Service (“Director”) is inconsistent with the General Plan, including its Housing Element, the visions for the city contained in the General Plan, and the stated purpose of Measure Y . Highly dense projects, buildings of extreme height, and the atrocious scale and mass of developments that ar e unjustly being allowed under mixed-use overlay standards are not compatible to the small-town feel and rural heritage of our city.

7. The City Planner’s narrative (pages 72- 75 of the agenda packet) has numerous misrepresentations concerning my appeal.

2 8. The City Planner on page 73 of the agenda packet proclaims without any factual basis that Section 20.09.090 is “ explicit” in applying a FAR limitation to only non- residential uses.

This is not an accurate assertion. A thoughtful and rigorous review will find it vague, ambiguous and contradictory. Table 20.09-7 does state that the “Maximum Floor Area Ratio (non-residential space), However, “Note 1” in addition states “ Additional FAR is allowed up to 1.25 in mixed use development with affordable rental units .” Thus, the foundation that FAR increases when the mixed use development includes residential rental units is based upon the inclusion of residential housing units . Note 1 does not define that the FAR to only include non-residential use buildings when increasing the allowable FAR . R ather the increase in FAR i s based on residential uses being included in the development.

9. The use of the density bonus related to residential rental units in Note 1 is undefined and ambiguous. This lack of clarity results in a vague and unclear methodology to calculate FAR and the allowable density. Contrary to the arguments made by the planning staff, that i ts interpretation of FAR for mixed use overlay developments is consistent with HCD approval of the Housing Element is a mischaracterization of HCD approval. HCD did not state an opinion concerning the methodology of using FAR when certifying the Housing Element. . The Housing Element, which is a component of the General Plan that was certified by the HCD, contained the following definition of FAR:

Site Coverage and FAR Floor Area Ratio (FAR) is defined in the City of Chino Municipal Code as the ratio of the total gross floor area of all buildings on a site, excluding structured parking areas, divided by the total site area. FAR is regulated to maintain and limit the massing of buildings in relation to the property.

10. The use of FAR in mixed use projects is an acceptable method to control the density, scale and mass of affordable housing projects. See attached HCD Letter s dated October 8, 2019 and August 31, 2022 (Attachments 1 and 2) . Of great significance Is the HCD stated in the October 8, 2019 letter that “In fact, 2019 legislation encourages use of a density bonus in the context of a FAR density for certain affordable projects associated with commercial development near transit. (See Gov. Code § 65915.7; see also Gov. Code § 65917.2).”

11. It is dubious that although § 65917.2 was explicitly cited in my December 14, 2024 appeal letter to the Planning Commission, but city staff choose to ignore and disregard this important state law. This law provides for the use of FAR in an eligible housing development. It would be illogical and disingenuous for city staff to argue that developments under 20.09.090 are not housing developments that can be subject to FAR. Also, Section 65917.2(b)(2) provides for an FAR for up to a 20- percent increase in maximum allowable floor area ratio for the inclusion of affordable housing projects.

12. Using the planning staff’s interpretation of FAR does not express any common sense or have a rational basis . As example, if the FAR was increased to 1.25 on a ten acre parcel , this would require 544,500 square feet of gross floor area (43,560 x 10 x 1.25) . By excluding the residential rental units in the FAR calculation, there could be 544,500 square feet of commercial uses on the site. What becomes illogical, based upon state law ( see Gov. Code, Section 65583.2(h)) is that 50% of the gross floor area shall be reserved for residential use ( also see revised Section 20.09.090(D) as required by HCD in Ordinance 2024-003). If FAR was deemed for only non -residential use, then an additional 544,500 gross floor space of residential use 3 would be required. This would result in a gross floor area of 1,089,000 square feet being required be built on the 10 acre parcel. This amount of scale and mass is absurd and is not compatible in any neighborhood in Chino with surrounding residential use.

13. Additionally, it should be noted that in the Chino Zoning Code for residential developments, a maximum FAR is used in combination with DU/AC. See Zoning Code Tables

20.04-3, 20.05-2 and 20.09- 3. It is contradictory for city staff to argue that residential use cannot be included in the FAR calculation, when it is a common practice in the city to do so .

City staff’s assertion that page LU9 of the Land Use Element of the General Plan is controlling is deceptive. It is implicit that the description of FAR was created prior to the mixed use overlay (“MUO”) districts being implemented after the passage of Measure Y . The reference LU9 also states that “ FAR is calculated as the total square footage of buildings on a site, divided by the total square footage underlying the site. Thus in a mixed use overlay, when both residential and non-residential are combined on the site, the total of buildings is to be included in the FAR calculation.

14. The MUO on page LU -19 (which is different than and has not been updated on the General Plan available on the City’s webpage) does not even include a reference to FAR for the non-residential use. Additionally, the FAR maximum specified in Table 20.05- 3 for MU30 designations can include both residential and non-residential uses in the FAR calculations. This would be in conflict and is logically outside the explanation cited by city staff referencing page LU-9 that only non-residential uses are included in FAR calculations for Mixed-Use Designations (see LU -12 thru LU -13 per staff’s submission ). Furthermore, a capricious and arbitrary interpretation would need to be made to determine how FAR is to be calculated for a vertical building containing both residential and non-residential uses. It should also be noted that Table

20.09-7 for MUO developments does not even contain a reference to the units per acre (DU/AC) designation for residential uses.

15. Contradictions can also be found in Zoning Code Sections 20.09.090(B), (F) and (G), which allows for only non- residential uses or no housing use in overlay d evelopments. These provisions would be in conflict with state law that require residential development be built in the proposed affordable housing overlays. The HCD necessitated that the city have a minimum of 26 units per acre in order for the City’s Housing Element to be certified. Furthermore, Section

20.09.090(F) is vague and uncertain as it only states “Non-residential development shall comply with the standards of the base zoning district with which the MUO district is combined and the commercial design standards in Section 20.17.070
.” A reading of Section (G), finds that it does
not require “only non -residential uses” or “no housing” use to be considered. Thus a literal reading of 20.09.090(G) would require any “non- residential development ” on a site to be developed under different standards and not the FAR standards for the MUO district.

16. The lack of concise language in the development standards has resulted in confusing and conflicting zoning standards. Not only did the language on Section 20.09.090 for overlays districts have conflict with state laws, requiring the revisions to Ordinance 23- 008 mandated by HCD, there are numerous confusing, vague and contradictory provisions in the code that has resulted in capricious and arbitrary interpretations. It is asserted that the planning staff failed to do their due diligence in making the recommendations to the Planning Commission for the adoption of Ordinances 23-008 and 24-003 for Section 20.09.090 of the zoning code..

4 17. One of the most significant contradictions occurred on April 6 , 2023, when the then Director Development Services, Nicholas Liguori went before the City Council to recommend the adoption of Ordinance 23- 008 which contained Section 20.09.090 of the Zoning Code.

Included in Ordinance 23- 008 was the insertion of Section 20.09.090(E)(4), which provided for the inclusion of storage facilities in MUO districts. During Mr. Liguori presentation to the City Council, he discussed how the use of the Floor Area Ratio related to the maximum floor area in the development containing a storage facility. At approximately one hour and 21 minutes into the video recording of the council meeting Mr. Liguori stated “that the storage [facility] have a maximum floor area ratio of 25% of all the residential/non- residential uses on the site” . (emphasis added, also see Attachment 3 for screenshot of the PowerPoint presentation at the April 6, 2023 council meeting). Thus when Ordinance 23- 008 was adopted, it was based upon the interpretation and statement by the then Director Development Services that the FAR for MUO sites could include both residential and non- residential uses in the development , particularly when the project included a storage facility. It is asserted that the Planning Commission must apply this interpretation, since that was the explanation presented to the City Council in approving and adopting Ordinance 23- 008 and the language and standards of

20.09.090.

18. The Planning Commission should also take into account that the vagueness and lack of clarity in the MUO standards would allow for unscrupulous developers to manipulate the zoning code that creates unintended, objectionable and unwanted high density developments. As example, using a 10 acre parcel, a n unprincipled developer could subdivide the parcel into five individual lots. One lot being 5 acres, another lot being 1.5 acres, and the other 3 lots being of different sizes totally 3.5 acres. Upon subdividing the 10 acres, the developer could claim the entire 10 acres at 26 housing units per acre totaling 260 units. The developer could then build all 260 units on only the one subdivided lot of 5 acres, resulting in a density of 52 units per acre.

The passage of Measure Y never provided for affordable housing to be over 50 units per acre, wherein the public was only informed the density would be up to 30 units per acre. The City of Chino and its Planning Commission should never allow for a DU/AC of over 50 units per acre in a residential single family neighborhood having an estimated FAR of over 2.25. The same devious developer could also build a 4 story monstruous storage facility on the subdivided 1.5 acre lot with a FAR of over 2.1. avoiding any reasonable FAR restrictions. It is re quested that the Planning Commission in issuing its decision of fact for this appeal, explain and resolve the inequities in the lack of clarification in the allowable densities and FAR within Section 20.09.090 for MUO developments , particularly when a developer chooses to subdivide the parcel into 5 individual lots. When analyzing the Zoning Code, including Table 20.09- 7, the site standards are based upon the lot. It should be noted that in California a "parcel" refers to any defined area of land with a legal ownership, often used for tax purposes, while a "lot" is a specific parcel that has been officially subdivided and is considered ready for development, meaning it has a legal description and is recognized as a building site within a planned subdivision. The Planning Commission in defining the FAR methodology should provide the factual basis for the determination of how floor area for all buildings on a lot is used to determine the FAR. .

19. In reaching its decision on this appeal, the Planning Commission should address and issue its decisions to include all required findings of fact . The primary purpose of FAR is to limit high density developments that exceed the scale and mass of surrounding neighborhoods.

Based upon the vague and unclear language of Section 20.09.090 and the planning staff’s history of its submissive and consenting rubber stamping of developers demands, the Planning 5 Commission is deemed to have obligation is to ensure the intent of the passage in Measure Y is being fulfilled. A finding of fact should also be issued on how FAR is to be determined when addressing each of the articulated inconsistencies and contradictions as cited in this submission.

Sincerely,

Robert Nigg, appellant
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov

October
8, 2021

Mathew D. Francois
Rutan & Tucker, LLP
455 Market Street, Suite 1870
San Francisco, CA 94105

Dear Mathew D. Francois:

RE: Mountain View State Density Bonus Law Ordinance – Letter of Technical Assistance

The purpose of this letter is to provide technical assistance on the application of State Density Bonus Law (SDBL). (Gov. Code, § 65915.) The California Department of Housing and Community Development (HCD) has reviewed the recently updated density bonus ordinance adopted by the City of Mountain View (City) to evaluate the request for technical assistance set out in your letter dated June 21, 2021. HCD did not attempt a comprehensive review of the City’s ordinance, including its compliance with recent changes to SDBL made in AB 2345 (Chapter 197, Statutes of 2021, § 2, eff. Jan. 1, 2021), and thus this letter ought not be interpreted as an endorsement of the ordinance in its entirety.

Your letter raises concerns about two specific provisions in the ordinance that you believe to be inconsistent with SDBL. You have requested that HCD review the ordinance and provide technical assistance. After reviewing your letter and the City’s ordinance, HCD finds that the two provisions in the City’s ordinance identified in your letter are not inconsistent with the SDBL. HCD’s rationale and conclusions are described below.

Issue 1: Density Expressed Only in Floor Area Ratio (FAR)

In your letter, you assert that state law prohibits a local agency from regulating density purely via FAR. Rather, you state that local agencies must express density only in terms of dwelling units per acre. HCD disagrees with this interpretation for the following reasons.

First, this interpretation would unduly hamstring planning efforts by local agencies. FAR is a tool used by planning agencies to increase flexibility for applicants. HCD cannot Mathew D. Francois, Rutan & Tucker, LLP

Page 2 ends

state categorically that FAR is not permitted as a measurement of density as well as intensity, so long as a city’s regulatory scheme makes adequate explanation for each.

Used appropriately, FAR offers flexibility in some cases, and actually fosters the development of certain kinds of housing, such as more, smaller units on a property, as opposed to a standard of dwelling units per acre.

Second, SDBL nowhere uses the phrase dwelling units per acre. It does speak of allowing a density bonus over the maximum allowable gross residential density. (Gov.

Code, § 65915, subd. (f).) As you know, “Maximum allowable residential density” means:

the density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

(Gov. Code, § 65915, subd. (o)(4).) Often residential density is expressed in dwelling units per acre, and in other areas, such as commercial areas, FAR is utilized. There is nothing in law that mandates that a city adopt one or the other. In fact, 2019 legislation encourages use of a density bonus in the context of a FAR density for certain affordable projects associated with commercial development near transit. (See Gov. Code, § 65915.7; see also Gov. Code, § 65917.2.)

Twain Harte Associates, Ltd. v. County of Tuolumne (1982) 138 Cal.App.3d 664 does not appear to be contrary or even relevant. The court there did note that Government Code section 65302 requires that a general plan’s land use element “shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan.” Notably; however, these terms are not contained in density bonus law. Further, there is nothing that precludes a city from adopting either dwelling units per acre or FAR-based zoning and complying with section 65302.
1 1 The general plan at issue there was so very spare that it provided no statement of population density for most of the areas, rendering it impossible for the county to properly plan for services. In some areas dwelling units per acre were provided, in other areas merely categories of land use provided. The court found this to be inadequate. The court concluded that the term population density and building density were not synonymous, but the court also held that the terms population density and dwelling units per acre were also not synonymous. The point of “population density” in this context was not so much a measure of land use control as a measure of people who might utilize an area of the city to allow appropriate planning. Dwelling units per acre might suffice if a “basis for correlation between the measure of dwelling units per acre and numbers of people is set forth explicitly in the plan” ( Twain Harte Associates, supra, at pp. 698–699), but then FAR might suffice in the same circumstances. (See also San Francisco Tomorrow v. City and County of San Francisco (2014) 229 Cal.App.4th 498, 511 (same, clarifying that the population density requirement in section 65302 is descriptive, not prescriptive or regulatory as might be utilized to control land use).

Mathew D. Francois, Rutan & Tucker, LLP

Page 3 ends

HCD considers that a local agency can utilize FAR or dwelling units per acre as a base measurement for setting out the maximum allowable gross residential density. Neither measure; however, can be utilized to avoid compliance with SDBL.

Issue 2: Floor Area Ratio (FAR) Waiver in the Context of the City’s Floor Area Ratio (FAR) Bonus

In your letter you assert that—because SDBL explicitly includes FAR within the definition of the term “development standard” (Gov. Code, § 65915, subd. (o)(1))—a project must remain eligible for a FAR waiver even when an applicant is pursuing a FAR density bonus. HCD disagrees with this interpretation for the following reasons.

First, Mountain View’s Density Bonus Law ordinance provides procedures for applying the SDBL in zones in which density is expressed in dwelling units per acre and in zones in which density is expressed only in FAR. The processes are nearly identical in each, except regarding the calculation of base density (Mount. View Mun. Code, § 36.48.75.j) and the consideration of FAR as a development standard. Per the local definition of development standard, FAR is considered a development standard “except in zones where floor area ratio defines the maximum allowable residential density….” (Id., §

36.48.70.d.) By defining the development standard in this way, the City is eliminating the potential for an applicant to obtain a development standard waiver for FAR in a zone where density is expressed only in terms of FAR. Were the City to allow FAR waivers in these zones (i.e., within the San Antonio, El Camino Real, North Bayshore, or East Whisman Precise Plan Areas), the City would in effect be allowing unlimited FAR.

Additionally, interpreting the law as you propose would result in FAR being both used as the measure of underlying density, a yardstick for determining how many affordable units and bonus units would be required, and a standard that is waived, resulting in confusion and absurdity. (Gov. Code, §§ 65915, 65917.) The City’s approach is not inconsistent with SDBL in defining development standards this way for the purpose of a FAR bonus.

Second, while the SDLB does not address this potential scenario directly, the legislative intent of the original law and subsequent amendments do not express an intent to permit unlimited FARs in all zones in which density is expressed solely in terms of FAR.

Development standard waivers (Gov. Code, § 65915, subd. (e)) are intended to facilitate the development of housing by waiving development standards that would preclude the construction of the development. They are intended to allow just enough relief from development standards to facilitate a development inclusive of the bonus units (regardless of the underlying expression of density in du/ac or FAR) but no more.

Where the density of a site, as well as bonuses, are expressed in FAR, there is no need to waive FAR to get to the permitted density. In other words, even if FAR were a development standard in such as case, FAR by definition in such a case could not impede a development with bonus.

Mathew D. Francois, Rutan & Tucker, LLP

Page 4 ends

Fin
ally, the base density formula described in Mountain View’s Municipal Code provides a formula for calculating a density bonus in zones in which density is expressed in FAR.

To perform the calculation, your client would need to submit a desired project floor area and desired number of residential units. From this, a base density can be established, and eligibility determined for up to a 50% density bonus pursuant to Government Code section 65915 subdivision (f). Alternatively, and pursuant to the same subdivision, your client may choose not to pursue a density bonus and instead request incentives/concessions and development standard waivers (excluding an FAR waiver) based on the percentage of affordable units to be included in the development.

If
you have questions or need additional information, please contact Brian Heaton at [email protected].

Si
ncerely,
Land Use & Planning Unit Chief
cc: Sandr
a Lee, City of Mountain View
Aarti Shrivastra, City of Mountain View
Shannan West
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov

Augus
t 31, 2022
David Martin
Community Development Director
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401

Dear
David Martin:

RE: 1101 Wilshire Boulevard – Letter of Technical Assistance The purpose of this letter is to provide technical assistance to the City of Santa M onica (City) regarding the mixed-used infill project to be located at 1101 Wilshire Boulevard.

The proposed project would result in the construction of a six-story, 93-unit mixed-use building containing ground floor restaurant/retail space and upper story market-rate and affordable housing units. The project would provide 11 units that would be affordable to very low-income (VLI) households and 82 market-rate units. The proposed project utilizes the State Density Bonus Law (SDBL) (Gov. Code, § 65915) to achieve a density bonus.

The City requested technical assistance from the California Department of Housing and Community Development (HCD) regarding the interpretation of the SDBL in the context of the proposed project. Specifically, the City seeks guidance on how to appropriately do the following:
• Calculate a density bonus for a project located in an area for which there is no associated residential density expressed in dwelling units per acre (du/ac). • Consider a SDBL incentive/concession or development standard waiver that would increase a project’s allowable floor area ratio (FAR) if the density bonus itself was granted in the form of additional FAR.

The project site is zoned Mixed-Use Boulevard (MUB), a zone which does not prescribe a density standard in terms of du/ac. Instead, development is regulated only through development standards – including, notably, FAR. This approach is commonly employed in downtown and mixed-used areas throughout the state where the community’s primary concern is the height, bulk, and design of buildings rather than the absolute number of homes allowed on a given site.

The SDBL; however, only contemplates density bonus calculations in situations where the density standard is expressed in du/ac. This creates an implementation challenge David Martin, Community Development Department

Page 2 ends

for local agencies that must devise a method for calculating a density bonus without detailed statutory guidance. Further complicating matters, downstream issues relating to incentives/concessions and waivers often arise depending on the method of calculation employed by the local agency.

The c
hallenge of granting a density bonus in zones that do not express density in du/ac is particularly pressing because, as noted in the case of Latinos Unidos del Valle de Napa y Solano v. County of Napa (2013) 217 Cal.App.4th 1160, 1166 [159 Cal.Rptr.3d 284, 288], the SDBL “imposes a clear and unambiguous duty on municipalities to award a density bonus when a developer agrees to dedicate a certain percentage of the overall units in a development to affordable housing.” HCD hopes that the content of this letter will help the City and other local agencies make informed decisions when carrying out their obligations under the SDBL.

Calculating Base Density for the Purposes of Granting a Density Bonus The c
ore of the SDBL intends for calculations to be made based on units, as evidenced by the numerous references to units throughout this section. Specifically, Government Code section 65915, subdivisions (b) and (f), rely on units to establish eligibility for a density bonus and in determining the density bonus owed. Therefore, regardless of the method used to calculate a project’s base density, it should ultimately result in an exact number of base density units. This approach results in the most minor departure possible from the typical implementation of the SDBL.

The SDBL is currently silent on what methodology a local agency should use to establish base density absent a du/ac-based density standard. One approach observed by HCD involves the local agency utilizing a hypothetical base project, prepared by the applicant, that meets all objective development standards to determine the base density (i.e., the precise number of units). Once the base density is established, the density bonus (in units) can be determined as it normally would. Correspondingly, the local agency’s consideration of incentives/concessions and development standard waivers can occur as normal. Note that applications made pursuant to Government Code section 65917.2, which provide for a FAR bonus in lieu of a density bonus, are discussed below.

Incentives/Concessions and Development Standard Waivers to Increase FAR in Circumstances where Density Bonus is Granted in the Form of Additional FAR A common occurrence when a local agency grants a “density bonus” in the form of increased FAR is that the applicant will then request an incentive/concession or development standard waiver to further increase the project’s FAR. The complication that this creates is one of the fundamental reasons why HCD recommends that local agencies avoid this practice. By utilizing du/acre-based density bonuses instead of FAR-based “density bonuses”, a local agency can avoid the “unlimited FAR” conundrum David Martin, Community Development Department

Page 3 ends

examined in HCD’s October 2021 letter to Mountain View.1 This approach renders moot the question of whether a project is eligible for a concession or waiver to increase FAR because using du/ac instead of FAR for density bonuses limits the role of FAR solely to that of a development standard. Regarding the pending subject project, HCD recommends that the local agency carefully evaluate and accommodate the request for additional FAR, as an incentive/concession or waiver, if doing so would facilitate the successful development of the project.

FAR Bonus in Lieu of Density Bonus (Gov. Code, § 65917.2) Government Code section 65917.2 allows a local agency to grant a FAR bonus in lieu of a density bonus awarded on the basis of du/ac.2 This action is legally distinct from the granting of a density bonus pursuant to Government Code section 65915. The contents of this letter pertain only to projects proposed under Government Code section 65915.

Often confused, these two sections have fundamentally different purposes and functions. First, whereas section 65915 applies in all jurisdictions (regardless of whether the local agency has adopted an implementing ordinance), section 65917.2 applies only in jurisdictions where the local agency has chosen to adopt an implementing ordinance.

Second, section 65917.2 contains unique eligibility and other requirements that are not found in section 65915. Finally, the application of section 65915 results in additional units whereas the application of section 65917.2 results in additional floor area (which may or may not be used to construct more units). It should be noted that HCD is not aware of any local agencies that have adopted an ordinance to implement section 65917.2, though local community benefit zoning strategies that allow a project to receive increased FAR in exchange for public amenities are relatively common.

Santa Monica Housing Element Site Inventory
While the City continues to process the proposed project application, HCD reminds the City that the 93-unit proposed project appears in the City’s draft 6 th Cycle Housing
Element (adopted October 12, 2021) in the “Approved and Pending Housing Projects” table
3, which states that the project contains 82 market-rate units and 11 VLI units.

1 HCD’s October 2021 letter to Mountain View addressed two specific issues:

1. Whether state law prohibits a local agency from regulating density purely via FAR. (It does not.

In this letter to the City of Santa Monica, HCD’s technical assistance is more specifically about how to calculate a density bonus in such a zone.)

2. An FAR waiver in the context of the City of Mountain View’s FAR Bonus.

The letter is available at https://www.hcd.ca.gov/community-development/housing- element/docs/sclmountainview-TA-100821.pdf.
2 Section 65917.2 provides a formula to calculate an FAR bonus, but it requires as an input a du/ac figure (Gov. Code, § 65917.2, subd. (b)(2)).
3 Page F-36 of Appendix F
David Martin, Community Development Department

Page 4 ends

The project is also listed in the “FAR and Size of Sites for Past and Current Housing Projects” table
4, where the project is described as a six-story 93-unit project. This suggests that the City is prepared to permit the project as proposed.

Conc
lusion
HCD respects the challenges inherent in infill development and applauds the construction of a mixed-income development on a site currently without any residential uses. Regarding other currently pending SDBL projects, HCD advises that the contents of this letter not be used to delay or otherwise unnecessarily complicate a project currently moving through the entitlement process. Local agencies should be pragmatic in their considerations of SDBL applications that provide much needed affordable and market-rate housing throughout California. “Although application of the statute can be complicated, its aim is fairly simple: When a developer agrees to construct a certain percentage of the units… for low or very low-income households… the city or county must grant the developer [concessions and a bonus].”
5 If
you have questions or need additional information, please contact Brian Heaton at [email protected].

Si
ncerely,

Shan
nan West
Housing Accountability Unit Chief

4 Page F-38 of Appendix F
5 Friends of Lagoon Valley v. Vacaville (2007) 154 Cal.App.4th 807, 824 [65 Cal.Rptr.3d 251, 264].

CHINO PLANNING COMMISSION
REGUL

AR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
WEDNESDAY, FEBRUARY 19, 2025

MINUTES
_________________________________________________________________________________

FLAG SALUTE
The Pledge of Allegiance was led by Commissioner Lewis.

ROL
L CALL
PRESENT Com missioner Brandon Blanchard, Commissioner Kevin Cisneroz, Commissioner Lissa Fraga, Commissioner Jimmy Alexandris, Commissioner Steve Lewis, Commissioner Lawrence Vieira, and Commissioner Vincent Lopez ABSENT NONE.

ANNOUNCEMENTS
None.

PUB

LIC COMMUNICATIONS
Linda Zeigler, Mike Gutierrez, James Lopez, Sandi Cervantes, Jessie Katel, Alex Elias, Greg Dun
can, Maria Torres, Juan Llamas, and Julie Galindo spoke in opposition of the Schaefer/Euclid Project and had concerns regarding traffic, parking, safety, and vandalism.

Fred Galante, City Attorney, reminded everyone that the Schaefer/Euclid Project is not on the agenda and the Commissioners cannot respond to questions. Likewise, staff cannot speak to the project until it comes to a noticed public hearing. Due to the Brown Act, the Planning Commissioners cannot respond or make comments on items not on the agenda before them.

The time to do so is when there is a properly noticed public hearing.

CONSENT CALENDAR

1. Minutes. Regular Meeting of December 18, 2024 (Absent: Commissioner Steve Lewis)

2. Modification of Planning Commission Rules and Procedures. Mo dification of Planning Commission Rules and Procedures - CONTINUED FROM THE NOVEMBER 20, 2024 PLANNING COMMISSION MEETING.

Motion by Commissioner Cisneroz, seconded by Vice Chair Fraga, to approve 1) the Min
utes of the December 18, 2024 Regular Meeting and 2) the Modification of the Planning Commission Rules and Procedures. The motion carried by the following vote:

CHINO PLANNING COMMISSION
FE
BRUARY 19, 2025 2
AYES: COMMISSIONER BLANCHARD, COMMISSIONER CISNEROZ,

COMMISSIONER FRAGA, COMMISSIONER ALEXANDRIS,

COMMISSIONER VIEIRA, AND COMMISSIONER LOPEZ
NOES: NONE.

ABSENT: NONE.

ABSTAIN: COMMISSIONER LEWIS

PUBLIC HEARING

3. PL24-0025 (Site Approval). A request to modify the existing Site Approval (PL13-0629) to e
xpand the existing CNG parking lot and time fill fueling for Waste Management located within the General Industrial (M2) zoning district at 13821 Redwood Avenue (APN 1021-142-15).

Staff Report By: Chris Cortez, Assistant Planner
RECOMMENDATION: Adopt Planning Commission Resolution No. PC2025-00 1, approving PL24-0025 (Site Approval), based upon the findings and subject to the departmental conditions of approval.

Chairman Alexandris opened the public hearing.

Ch
ris Cortez, Assistant Planner, presented the staff report to the Planning Commission.

Mark Schene of AT Design Build, applicant, addressed the Commission, and accepted all the Conditions of Approval for this agenda item.

There being no one else present to address the Commission on this item, the public hearing was closed.

Motion by Commissioner Cisneroz, seconded by Commissioner Blanchard, to Adopt Pl
anning Commission Resolution No. PC2025-001, approving PL24-0025 (Site Approval), based upon the findings and subject to the departmental conditions of approval. The motion carried by the following vote:

AYES: CO MMISSIONER BLANCHARD, COMMISSIONER CISNEROZ,

COMMISSIONER FRAGA, COMMISSIONER ALEXANDRIS,

COMMISSIONER LEWIS, COMMISSIONER VIEIRA, AND COMMISSIONER LOPEZ
NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

4. Appeal of a written decision by the Development Services Director related to the interpretation of
how Floor Area Ratio is enforced for projects located within the Mixed Use Overlay Districts Appeal of a written decision by the Development Services Director related to the interpretation of how Floor Area Ratio is enforced for projects located within the Mixed Use Overlay Districts.

Staff Report By: Michael Hitz, Principal Planner
Ch
airman Alexandris opened the public hearing.

CHINO PLANNING COMMISSION
FE
BRUARY 19, 2025 3
Mike Hitz, Principal Planner, presented the staff report to the Planning Commission.

Fre
d Galante, City Attorney, informed the Commission that a letter was received from the appellant today. The letter was reviewed and staff does not change their recommendation. No further analysis is required.

Robert Nigg, appellant, addressed the Commission.

There being no one else present to address the Commission on this item, the public hearing was closed.

Commissioner Cisneroz asked staff to address Mr. Nigg's comments regarding state regulations regarding the use of FAR for the entire project.

Fred Galante, City Attorney, clarified what is and is not part of this appeal. The appellant gave an opinion on what the policy should be, a suggestion. What other cities have in their code is entirely irrelevant. What is relevant is what our code says and our Housing Element. The City does not apply FAR for residential projects as it is not in our Zoning and not in the housing overlay as applied to housing. What we look at is density and HCD has approved that concept.

The Housing Accountability Act has made it very clear to cities that you cannot easily deny residential developments applications. That is a state mandate. You want to foster low income development.

Chairman Alexandris re-opened the public hearing.

Mr. Nigg stated that the General Plan says FAR is to be used for all buildings and that there is nothing in the state that says they cannot have a FAR calculation.

Chairman Alexandris closed public hearing.

Mr. Hitz clarified that the FAR for residential is for single family, not multi-family residential.

Commissioner Blanchard stated that there was a memo from Warren Morelion, the Director of Development Services, from December 2024 where it states that the MUO is intentionaly structured to exclude FAR for residential developments within the overlay and asked if we are still within that. Andrea Gilbert, City Planner, responded yes.

Motion by Commissioner Lewis, seconded by Commissioner Blanchard, to deny the ap
peal and uphold the written interpretation of the Zoning Code made by the Director of Development Services regarding calculation and enforcement of Floor Area Ratio ("FAR") in the Mixed Use Overlay ("MUO") Districts. The motion carried by the following vote:

AYES: CO MMISSIONER BLANCHARD, COMMISSIONER CISNEROZ,

COMMISSIONER FRAGA, COMMISSIONER ALEXANDRIS, AND

COMMISSIONER LEWIS
NOES: COMMISSIONER VIEIRA
ABSENT: NONE.

ABSTAIN: COMMISSIONER LOPEZ

Chino City CouncilApril 15, 2025

Chino City Council
April 15, 2025