Agenda packet — Chino City Council, September 1, 2026 (part 3 of 5)

CHINO POLICE DEPARTMENT

CONDITIONS OF APPROVAL
DATE: July 9, 2025
PROJECT NO.: PL24-0151(SA)
PROJECT NAME: Corporate Center Townhomes
PROJECT LOCATION: Corporate Center Dr/71 Freeway
Chino Police Department – Conditions of Approval. All conditions shall be complied with to the satisfaction of the Chino Police Department.

FLOCK cameras shall be installed and adequately positioned to cover main entrances and exits to the property. Please note: FLOCK cameras require an annual subscription cost.

Install and adequately position high-quality security cameras capable of capturing nighttime video to cover:
• Common area amenity doors
• Rear of the properties
• Parking lots
• Entrance and exit points to residential parking structures, if applicable • Safe storage locations
• Ensure all cameras support 24/7 monitoring. Allow access to the camera system for Chino Police Department’s Real Time Crime Center Analysts for in-progress calls for service and active crime incidents. Surveillance footage needs to be stored for 30 days. • Contact: Leah Green, Chino PD
Phone: (909) 334-3060
The Real Time Crime Center (RTCC) is a centralized hub that uses advanced technology, data, and live camera feeds (FLOCK) to support officers in the field. By providing real-time information during active incidents, the RTCC helps improve response times and increase public safety.
5450 Guardian Way
Chino, CA 91710
(909) 334-3000
www.chinopd.org
327
01225.0006/367559.3 C-1
EXHIBIT “C”

ENVIRONMENTAL WARRANTY
PL24-0151
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Developer to the City of Chino for the above-referenced Subdivision, Developer hereby warrants to the City of Chino that:

1. Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.

2. Neither Developer nor any other person with Developer’s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.

3. Developer has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

4. Developer’s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Developer’s environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Developer to the City of Chino.
328
01225.0006/367559.3 C-2
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: _________________________
BCT CORPORATE CENTER, LLC*
By:
*Proof of authorization for Developer’s signatures is required to be submitted concurrently with this environmental warranty.
329

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TO: LINDA REICH, CITY MANAGER
FROM: SWATI MESHRAM, PHD, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Consider the Applicant’s appeal of Public Works Condition of Approval No. 3.2, which requires the undergrounding of existing overhead utility lines and denies the Applicant’s requested concession, pursuant to the State Density Bonus Law, for the housing project consisting of 100 for-sale housing units located at the southwest corner of Riverside Drive and Magnolia Avenue (6033 and 6041 Riverside Drive).
..end

RECOMMENDATION
..recommendation
Conduct a Public Hearing and adopt Resolution No. 2026-056, denying the Applicant’s appeal to remove Public Works Condition of Approval No. 3.2 which requires the undergrounding of existing overhead utility lines for the development project located at the southwest corner of Riverside Drive and Magnolia Avenue in the Affordable Housing Overlay. ..body

FISCAL IMPACT
The City will receive one-time revenues associated with development activity, including permit and development-related fees.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Responsible Long-Range Planning
 Public Safety
 Infrastructure Reliability
Revenue: Expenditure:

Transfer In: Transfer Out:
330
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF PUBLIC WORKS CONDITION OF APPROVAL NO. 3.2, WHICH REQUIRES THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION,

PURSUANT TO THE STATE DENSITY BONUS LAW, FOR THE HOUSING PROJECT CONSISTING OF 100 FOR-SALE HOUSING UNITS LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND MAGNOLIA AVENUE (6033 AND 6041 RIVERSIDE DRIVE).

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BACKGROUND
On June 17, 2026, the Planning Commission conducted a public hearing on PL25-0067 (Site Approval) and PL25-0068 (Tentative Tract Map No. 20794), to consider a 100-unit residential for-sale project at a density of 26.6 dwelling units per acre on a 3.76 adjusted gross acre site within the CG (General Commercial) zoning district in the Affordable Housing Overlay. The project site is one of the 91 Affordable Housing Overlay sites established through the City's Housing Element, adopted by the City Council in December 2024. Because the project provides 10 deed-restricted affordable units (10 percent of the total units) for moderate-income households, it qualifies for a density bonus and one incentive or concession pursuant to Government Code section 65915 (State Density Bonus Law). The applicant requested that the City's requirement to underground the existing overhead utility lines be waived as the project's one concession under the State Density Bonus Law (SDBL). The Planning Commission approved the project, as recommended by staff requiring undergrounding of existing overhead utility lines operating at less than 34.5 kilovolts, finding the requirement necessary to protect public health and safety (Public Works Condition of Approval No. 3.2). The basis for that determination is contained in Finding No. 3 of Planning Commission Resolution No. PC 2026- 004 and is discussed further in the Issues/Analysis section of this report.

During the public hearing, the applicant representative stated he accepted all recommended Conditions of Approval except Public Works Condition No. 3.2 and requested that the undergrounding requirement be waived as the project's requested concession under the State Density Bonus Law. Five members of the public also addressed the Planning Commission regarding project access, traffic, and the requested utility concession, including two speakers who supported retaining the undergrounding requirement. During deliberation, one Commissioner recommended an additional condition requiring muted exterior colors on the upper portions of the buildings to reduce the visual appearance of the project's massing.

Following the close of the public hearing, the Planning Commission adopted Resolution No. PC 2026-004 by a 4-1 vote, approving the Site Approval and Tentative Tract Map while retaining Public Works Condition of Approval No. 3.2 requiring the undergrounding of the existing overhead utility lines along Riverside Drive and Magnolia Avenue. Commissioner Alexandris recused himself from consideration of the item because of interest in a property within 500 feet of the project. On June 19, 2026, the applicant filed an appeal requesting that the City Council uphold the project approvals but grant a concession from Condition of Approval No. 3.2, allowing the existing overhead utility lines to remain in place.

ISSUES/ANALYSIS
The issue before the City Council is whether to uphold Public Works Condition of Approval No.

3.2 as approved by the Planning Commission, which requires undergrounding existing overhead utility lines operating at 34.5 kV or less along Riverside Drive and Magnolia Avenue pursuant to Chapter 13.32 of the Chino Municipal Code or to grant the requested concession from this condition of approval pursuant to concession allowances within the SDBL.

The condition has been consistently applied to comparable private development projects and applicable City capital improvement projects, where feasible and required, to improve utility 331
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF PUBLIC WORKS CONDITION OF APPROVAL NO. 3.2, WHICH REQUIRES THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION,

PAGE: 3
reliability, reduce exposure to hazards affecting overhead electrical infrastructure, and enhance long-term infrastructure resiliency adjacent to residential neighborhoods.

Overhead electrical infrastructure is inherently more vulnerable to outages caused by vehicle collisions, severe weather, high winds, equipment failures, and falling tree limbs. Such outages can interrupt power to homes and critical medical equipment, interrupt emergency communications, and affect lighting and other essential public safety systems. Underground utility systems generally provide greater reliability because they are less vulnerable to these external hazards. Although service interruptions can still occur, underground systems are significantly less susceptible to weather-related events, traffic collisions, and physical damage.

Maintaining reliable electrical service is particularly important in residential developments where residents may depend upon electrically powered medical devices, refrigerated medications, mobility equipment charging, home oxygen systems, and other essential health-related equipment. Accordingly, staff concludes that requiring underground utility facilities directly advances important governmental interests in protecting public health and safety by improving system reliability and reducing the likelihood of service interruptions affecting future residents.

Evaluation of Alternative Mitigation
In the appeal application dated June 19, 2026 (Exhibit C), the applicant contends that the Planning Commission failed to identify a specific, adverse impact to public health and safety, as defined in Government Code Section 65589.5(d)(2), for which there is no feasible method to satisfactorily mitigate or avoid the impact without rendering the development unaffordable to low- and/or moderate-income households.

Staff concludes that retaining the existing overhead utility system with protective measures is not an equivalent alternative to undergrounding. While alternative measures such as moving the poles farther from the street curb, installing barriers or bollards, or adding flexible delineators may reduce certain vehicle-impact risks, they do not address the broader impacts of retaining overhead utilities, including vulnerability to severe weather, vegetation, equipment failure, vehicle collisions, pole deterioration, and resulting service interruptions. Staff has considered whether these measures could satisfactorily mitigate or avoid the impacts associated with retaining the overhead system. While they may reduce the likelihood or severity of a vehicle striking the pole, they do not address the other risks and reliability concerns associated with overhead utilities. In addition, rigid barriers may create their own roadside hazards, while flexible barriers primarily serve as deterrents or visibility enhancements. For these reasons, staff finds that the proposed protective measures would provide some mitigation but would not satisfactorily mitigate or avoid the impacts associated with retaining the overhead system. As a result, staff does not find that retaining the overhead system with these measures provides a satisfactory alternative to undergrounding.

State Density Bonus Law
The SDBL requires a local agency to grant a requested concession unless it makes one of the statutory findings authorizing denial. In its appeal application, the applicant asserted that the Planning Commission failed to identify a specific, adverse impact on public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the impact without rendering 332
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF PUBLIC WORKS CONDITION OF APPROVAL NO. 3.2, WHICH REQUIRES THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION,

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the development unaffordable to low- and moderate-income households. The applicant characterized the Planning Commission’s safety concerns as generalized concerns related to the proposed concession, including traffic collisions that were not near the property, and requested that the City Council grant the concession. Following staff’s review of the applicant’s appeal statement and the administrative record, staff has determined that the information provided by the applicant does not constitute substantial evidence demonstrating that elimination of Condition No. 3.2 is necessary to achieve identifiable and actual cost reductions sufficient to provide for affordable housing costs. Staff further determines that retaining Condition No. 3.2 advances substantial governmental interests in protecting public health, public safety, and infrastructure reliability. These interests are supported by substantial evidence contained in the administrative record.

Additionally, Staff acknowledges receipt of a letter submitted by the Appellant’s attorney, Cox, Castle & Nicholson, LLP, dated August 21, 2026, which included additional studies and supporting materials. These materials were received after expiration of the 10-day appeal period. Staff has reviewed and considered the information to the extent appropriate to address the issues raised in the letter, however the materials were not submitted within the applicable appeal period and were not part of the record presented before the Planning Commission’s public hearing to consider this project.

The applicant has provided three studies addressing specific aspects of the existing overhead utility facilities. Although the studies provide information regarding certain conditions at the site, their findings do not fully support the broader conclusion asserted by the applicant, which is that allowing the existing overhead utility lines to remain would not create a specific, adverse impact on public health or safety under the State Density Bonus Law. Collectively, the studies indicate that the poles and lines appear to be maintained in accordance with applicable standards, that there is no documented pattern of pole-related vehicle collisions, and that the site has relatively limited wildfire exposure. These findings, however, do not establish that the overhead facilities present no potential health or safety hazards or that undergrounding provides no incremental public-safety benefit.

More specifically, the studies generally evaluate discrete risks under existing or assumed conditions and do not establish that the potential hazards associated with retaining overhead utilities are eliminated or that future, emergency, or failure conditions present no potential risk.

Thus, while the studies identify no apparent existing deficiency within the specific areas evaluated, they do not substantiate the applicant’s broader conclusion that allowing the overhead facilities to remain would result in no specific, adverse impact on public health or safety or that undergrounding would provide no incremental public-safety benefit. Accordingly, Staff finds that the studies, considered individually and collectively, do not provide substantial evidence to support the elimination of Condition No. 3.2.

Housing and Community Development (HCD) Correspondence
Following the Planning Commission’s decision, the applicant submitted correspondence dated June 29, 2026 (Exhibit D), to the California Department of Housing and Community 333
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF PUBLIC WORKS CONDITION OF APPROVAL NO. 3.2, WHICH REQUIRES THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION,

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Development (HCD) requesting review of the City’s denial of the requested State Density Bonus Law (SDBL) concession. The applicant’s correspondence asserts that the City improperly denied the requested concession to retain existing overhead utility lines and requests that HCD issue a Notice of Violation.

The applicant’s correspondence raises several issues, including claims that: (1) the City’s undergrounding requirement is not an objective development standard; (2) the requested concession would result in identifiable and actual cost reductions necessary to provide affordable housing; (3) the City has not demonstrated a specific, adverse impact to public health and safety as required under Government Code section 65915; and (4) alternative measures, such as protective barriers, could mitigate any potential safety concerns associated with retaining the existing utility poles.

Staff has reviewed the applicant's correspondence and maintains that denial of the requested concession is supported by substantial evidence. Section 3 of Planning Commission Resolution No. PC2026-004 provided specific evidence, including traffic collision data compiled from 2021 to 2025 that indicates there have been 23 traffic accidents within Chino City Limits involving a vehicle collision with a Southern California Edison (SCE) pole resulting in damage to the pole.

The addition of the residential units for the project would create new traffic to and from the project site and thus exacerbate the traffic collision risks to the utility poles in question. These risks are further heightened by the location of the two existing utility poles along Riverside Drive near the Magnolia Avenue intersection, which are situated near the face of the street curb (Exhibit F). The location of these poles increases the potential for a vehicle veering off the roadway to strike the utility poles and further supports the City’s determination that undergrounding is necessary to advance public safety at the project site. The legislative purpose of Chapter 13.32 of the Chino Municipal Code, which governs undergrounding of public utilities finds that the absence of utility poles, overhead utility lines and related transmission devices serves the public health, safety and welfare in the following respects: 1) Eliminate potential hazards to life and property in the event of emergencies or disasters such as earthquakes, fires, floods, hazardous or toxic waste releases, rains and riots; 2) Facilitate the delivery of emergency services to persons and property located adjacent to the public right-ofway; 3) Improve or increase the utility of the public right-of-way for such uses as pedestrian travel; and 4) Improve or increase the visibility of persons operating motor vehicles on public streets and promoting the safety of the pedestrian and motoring public.

Condition No. 3.2 implements Chapter 13.32 of the Chino Municipal Code and has been consistently applied to qualifying development projects. However, the existence of limited exceptions does not eliminate the City’s ability to apply the undergrounding requirement where applicable. Furthermore, while the Municipal Code authorizes the City Engineer to exempt certain developments under specified circumstances, including allowing payment of an in-lieu fee when the required undergrounding distance is less than 650 feet, those provisions do not apply to this project. The project does not meet these specific circumstances as the project extends along the project's frontage on both Riverside Drive and Magnolia Avenue and exceeds 650 feet. The City’s review of this project determined that the eligible overhead utility facilities along Riverside Drive and Magnolia Avenue are subject to the undergrounding requirement, 334
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF PUBLIC WORKS CONDITION OF APPROVAL NO. 3.2, WHICH REQUIRES THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION,

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while the higher-voltage transmission facilities along Magnolia Avenue are exempt pursuant to the Municipal Code. This exemption is based on the operational characteristics of highervoltage transmission facilities and has been applied consistently to similar facilities throughout the City.

Staff also determined that retaining overhead utility facilities with protective measures would not provide an equivalent level of infrastructure reliability and public safety protection as undergrounding. While protective barriers, like bollards, may address certain vehicle collision risks, they would not mitigate vulnerabilities associated with weather-related events, equipment failures, damaged utility infrastructure, or other causes of electrical service interruptions. In addition, depending on the location and configuration, the placement of barriers like bollards may interfere with or obstruct required pedestrian paths of travel, potentially creating accessibility constraints and conflicts with applicable accessibility requirements under the Americans with Disabilities Act (ADA). Rigid barriers may create their own roadside hazards, while flexible barriers primarily serve as deterrents or visibility enhancements. These risks are particularly relevant in a new residential development that will introduce additional residents, including individuals who may rely on electrically powered medical equipment or other essential services.

At the time this report was prepared, HCD had not issued a determination regarding the applicant’s correspondence. The City Council’s consideration remains whether the applicant has demonstrated entitlement to the requested concession under the requirements of the SDBL and whether substantial evidence supports retaining Condition of Approval No. 3.2. Based on the administrative record, staff recommends the requested concession should be denied because the applicant has not demonstrated that elimination of the undergrounding requirement is necessary to provide affordable housing costs and because substantial evidence supports the City’s determination that the condition advances important public health, public safety, and infrastructure reliability objectives.

The notice meets legal noticing requirements.

CONCLUSION
Staff concludes that Condition No. 3.2 serves important public health and safety objectives by improving utility reliability, reducing the vulnerability of electrical infrastructure to external hazards, and enhancing service resiliency for future residents. Staff further concludes that the proposed alternative mitigation measures do not provide an equivalent level of protection. If the City Council denies the appeal, the Planning Commission’s prior approval of the project will remain in effect, including Condition No. 3.2. As a result, the applicant will be required to comply with the approved condition and underground applicable existing overhead utility lines as part of the project. As required by Government Code section 65915 (d)(1) the City must make a written finding based upon substantial evidence.
335
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF PUBLIC WORKS CONDITION OF APPROVAL NO. 3.2, WHICH REQUIRES THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION,

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Accordingly, staff recommends that the City Council deny the appeal and affirm Public Work’s Condition of Approval No. 3.2 by adopting City Council Resolution No. 2026-056.

Attachments:

Exhibit A – City Council Resolution No. 2026-056
Exhibit B – Planning Commission staff report and Exhibits [LINKED] Chino Planning Commission - File #: 26-278
Exhibit C – Appeal application from the applicant, dated June 19, 2026 Exhibit D - Applicant’s letter to HCD, dated June 29, 2026 Exhibit E- Cox Castle Letter, dated August 21, 2026
Exhibit F – Pole locations, photo and aerial
Exhibit G – Comments received
336
01225.0005/813665.1
RESOLUTION NO. 2026-056

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, DENYING THE APPLICANT’S APPEAL TO REMOVE PUBLIC WORK’S CONDITION OF APPROVAL NO. 3.2, WHICH REQUIRES THE

UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES, AND

AFFIRMING PLANNING COMMISSION DECISION TO APPROVE THE

PROJECT WITH CONDITIONS OF APPROVAL OF THE HOUSING

PROJECT AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND
MAGNOLIA AVENUE.

WHEREAS, Regent Land Company (the “Applicant”), filed a preliminary application with the City of Chino (the “City”) on May 29, 2025 and concurrently filed an application for approval of PL25-0067 (Site Approval) and PL25-0068 (Tentative Tract Map No. 20794) (the “Project”) to construct a 100-unit residential for-sale project consisting of 17 three-story buildings on 3.76 adjusted gross acres of land at a density of 26.6 dwelling units per acre within the CG (General Commercial) zoning district within the Affordable Housing Overlay (AHO) and 0.17-acre lot in the CG zoning district. The project is located on the southwest corner of Riverside Drive and Magnolia Avenue (APNs: 1020-111-01 and -02); and
WHEREAS, on June 17, 2026, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, and, after entertaining the written and oral report of staff, and taking public testimony, approved PL25-0067 (Site Approval) and PL25-0068 (Tentative Tract Map No. 20794) by a 4 to 1 vote; and
WHEREAS, Regent Land Company (the “Appellant”) filed a timely appeal of the approval of the project; and
WHEREAS, on September 1, 2026, the City Council held a duly noticed public hearing to consider applicant’s appeal.

NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions to deny the Applicant’s appeal to remove Public Work’s Condition of Approval No. 3.2, which requires the undergrounding of existing overhead utility lines, and affirm Planning Commission decision to approve the project with Conditions of Approval of the affordable housing project at the southwest corner of Riverside Drive and Magnolia Avenue:

1. Density Bonus Waiver/Concession for Utility Undergrounding. The City Council finds that the Applicant’s requested concession or waiver from the City’s underground utility requirement pursuant to Chapter 13.32 of the Chino Municipal Code is denied. Pursuant to Chapter 13.32, titled “Underground Utility Devices,” the City has determined that undergrounding utilities is necessary to protect public health, safety, and welfare by reducing risks to life and property during emergencies such as earthquakes, fires, and severe weather events, reducing hazards associated with downed or damaged utility lines, and maintaining safe visibility and access within the public right-of-way for pedestrians, 337
RESOLUTION NO. 2026-056

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01225.0005/813665.1
motorists, and emergency responders. Evidence provided, including traffic collision data compiled from 2021 to 2025, indicates there have been 23 traffic accidents within Chino City Limits involving a vehicle collision with a Southern California Edison (SCE) pole resulting in damage to the pole. The addition of the residential units for the Project would create new traffic to and from the Project site and thus exacerbate the traffic collision risks to the utility poles in question. The City Council further finds that the undergrounding requirement constitutes a fundamental public safety standard rather than a discretionary or primarily aesthetic requirement. Based upon the legislative findings contained in Chapter 13.32, the requested concession or waiver would potentially create specific adverse impacts on public health and safety that cannot be mitigated without requiring compliance with the undergrounding requirement. The City Council further finds that alternative mitigation measures, including protective barriers, relocation of facilities, or other design modifications, would not satisfactorily avoid or mitigate the identified public health and safety impacts associated with retaining above-ground utility facilities, would create their own roadside hazards, and therefore do not provide an effective substitute for undergrounding. Consistent with the information presented to the Planning Commission, the City Council also finds that safety concerns have been identified through the project records, and the introduction of additional traffic to the area would exacerbate those existing concerns. The location of two utility poles in close proximity to the street curb further exacerbates safety risks at the project site. Accordingly, the requested concession or waiver does not qualify for approval under State Density Bonus Law Government Code section 65915(d) as Chapter 13.32 includes explicit legislative findings that undergrounding utilities is necessary to reduce hazards to life and property, particularly during emergencies, and to maintain safe visibility and access with in the public right of way, therefore all required utilities must be installed underground to protect public safety.

2. CEQA Findings. The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15332 of the guidelines-Infill Development projects. The exemption applies to infill projects that are consistent with the General Plan and Zoning Requirements; are located on a project site of no more than 5 acres substantially surrounded by urban uses; are located on a site that has no value for habitat for endangered, rare or threatened species; will not result in significant effects relating to traffic, noise, air quality, or water quality; and are located on a site that can be adequately served by utilities and public services. The proposed Project is located on 3.93 acres of land and fully surrounded by existing development. Furthermore, none of the exceptions to the categorical exemptions set forth in the CEQA Guidelines 15300.2, apply to this project.

3. Deny the appeal to remove the Public Work’s Condition of Approval No. 3.2, which requires the undergrounding of existing overhead utility line. The City Council hereby denies the appeal. The applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “B” to the Planning Commission staff report.

4. Actions by the City Clerk. The City Clerk is hereby directed to attest to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.

PASSED, APPROVED, AND ADOPTED THIS 1
st DAY OF SEPTEMBER 2026.
338
RESOLUTION NO. 2026-056

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01225.0005/813665.1
EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK
339
RESOLUTION NO. 2026-056

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01225.0005/813665.1
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 1
st day of September 2026 and entered in the minutes of said Commission.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

NATALIE GONZAGA, CITY CLERK
Attachment: Exhibit B – Conditions of Approval to the Planning Commission staff report 340
Exhibit B - Planning Commission staff report and exhibits [LINKED] https://chino.legistar.com/LegislationDetail.aspx?ID=8069881&GUID=A021009F-CADE4A55-A9C5-E1E6F2E02C83&Options=&Search= 341

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Appeal Application
CITY of CHINO
Development Services Department
Planning Division
13220 Central Avenue
Chino, CA 91710
(909) 334-3253
www.cityofchino.org
Staff Use Only
File No. Date Received Filing Fee
 Resident
 Non-Resident
Received By
Related Files Time Received Receipt No. Supervisor Authorization The applicant or any interested aggrieved person may appeal the determination of the Development Services Director or Planning Commission within ten (10) calendar days from the date of such determination. The appeal must be in writing in accordance with Section 20.23.150 of the City of Chino Zoning Ordinance. The required appeal fee as adopted by the City Council must accompany an appeal to the Planning Commission of a decision of the Development Services Director or an appeal to the City Council of a decision of the Planning Commission or it will be considered incomplete and the appeal will not be considered. A building permit will not be issued until after the 10-day appeal period is complete. If an action of the Commission is appealed, the City Council will hear the appeal and render a final decision.

Appeal Process
 An appeal to the Planning Commission of an administrative action or determination  An appeal to the City Council of a Planning Commission action or determination  An appeal to the City Council of an environmental action or determination Type of Appeal Requested
Specific grounds for the appeal, and the relief requested is as follows:

Specific action or decision which is being appealed:

Project number(s):

Project address or location:

Contact Name: Phone Number:

Email Address: Fax Number:

Mailing Address:

Appellant’s Name: Phone Number:

General Information (Print of Type)
Regent Land Company
1968 S. Coast Hwy, Suite 3043, Laguna Beach, CA 92651
[email protected]
949-339-1977
949-339-1977
Brian Taylor 949-339-1977
X
PL25-0067 (SA) and PL25-0068 (TTM 20794)
6033 & 6041 Riverside Dr, Chino, CA 91710
Planning Commission Resolution No. PC2026-004 Section B.3 Improper denial of a concession and the requested relief is to comply with state law and grant the concession. 342

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Appellant’s Affidavit
I hereby certify that the statements and information contained herein are in all respects true and correct to the best of my knowledge and belief.

Appellant’s Signature: _________________________________________ Date: ___________________________ Print Name: _________________________________________________ Relationship to Subject Appeal:
 Property Owner
 Business Owner
 Resident
 Other: Applicant
6/19/26
Brian Taylor
X
343
www.coxcastle.com Los Angeles | Orange County | San Francisco Cox, Castle & Nicholson LLP
50 California Street, Suite 3200
San Francisco, California 94111-4710
P: 415.262.5100 F: 415.262.5199
Linda C. Klein
415.262.5130
[email protected]
File No. 112326
June 29, 2026

VIA E-MAIL
Department of Housing and Community Development
Accountability and Enforcement
651 Bannon Street
Suite 400
Sacramento, CA 95811
Re: State Density Bonus Law Concession for 6033 & 6041 Riverside Drive, Chino, CA
To Whom It May Concern:

We write concerning the denial by the City of Chino (“City”) of a concession requested by Regent Land Company (the “Applicant”) to allow overhead utilities to remain aboveground (“Utility Line Concession”).1 This letter describes the proposed housing development project (“Project”), including its eligibility for State Density Bonus Law (“SDBL”) benefits, the applicable undergrounding requirements and requested concession, and the City’s object to the Utility Line Concession and request for a Notice of Violation.

1. The Project and Its Eligibility for SDBL Benefits
The Project proposes 100 residential units, with 90 for-sale market rate homes and 10 homes that would be affordable for moderate income families to purchase at property commonly known as 6033 and 6041 Riverside Drive (“Property”) in the City. The Property has a General Commercial (“GC”) land use designation and zoning but has an Affordable Housing Overlay under the Housing Element. According to the Housing Element, the realistic capacity for the Property if it is developed for residential rather than commercial uses is 99 units.2(City Housing Element, Table B-6, p. B-36.) 1 City staff will not allow the Project to go to a hearing with the Utility Line Concession. 2 The Affordable Housing Zoning Overlay keeps the existing commercial zoning in place. (City Housing Element, p. 3-44.) The GC Zone permits development that does not include housing. (Mun. Code, § 20.06.030.A.) New Commune v. City of Redondo Beach (2025) 115 Cal.App.5th 111, 122 held that “[a]n overlay cannot be used to satisfy the minimum density and residential use requirements . . . where the base zoning expressly permits development that does not include housing.” If the California Department of Housing and Community Development (“HCD”) determines that the City lacks a valid Housing Element, the Project would move forward as a Builder’s Remedy project. 344

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Because ten percent of the Project’s units would be affordable to moderate-income buyers, the Project is eligible for SDBL benefits. Specifically, the Project qualifies for a density bonus (Gov. Code, § 65915, subd. (b)(1)(D), one incentive or concession (id., subd. (d)(2)(A), unlimited waivers (id., subd. (e), and use of SDBL parking standards (id., subd. (p)).

2. The City Lacks An Objective Standard Requiring Underground Utility Lines and Violated the Housing Accountability Act by Insisting on Underground Utilities
The City lacks an objective standard requiring that all utilities be placed underground. City Municipal Code section 13.32.030 generally requires that “[a]ll existing and proposed cable television, electrical, telephone and other energy or communication devices such as lines, poles, transformers and related devices shall be placed underground.” But there are exceptions to this requirement and Municipal Code section 13.32.050.B gives the City engineer unlimited discretion to identify which utilities “shall be placed underground for each development or improvement and which utility devices may be exempted.” (City Mun. Code, § 13.32.050.B; see § 13.32.050.D [“[i]n the exercise of the discretion granted to the city engineer herein, he or she shall determine which utility devices shall be placed underground”].)
A requirement that is imposed or not imposed based on the City engineer’s discretion is not objective. “Objective” means “involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” (Gov. Code, § 65589.5, subd. (h)(9).) The City engineer’s thought process is personal, subjective, unverifiable, and unknown to the Applicant. The City’s insistence of applying a discretionary standard to the Project and denying a requested concession to allow the utility lines remain aboveground violates the Housing Accountability Act. (Id., subds. (f)(4), (h)(6)(A).)

3. City Staff Impose a Nonobjective Requirement and Applicant Responds with a Concession Request
Even though the City lacks an objective requirement to underground utility lines, the City has commented on the Project applications that the utility lines (but not the transmission lines, which are lines that are more than 34.5 KV) along the Property frontage must be placed underground. Specifically, although the transmission poles and lines along the Property’s Magnolia Avenue frontage will remain, the City wants the utility lines around the Property to be placed underground. In response, on October 13, 2025, the Applicant requested the Utility Line Concession to maintain the utility lines above ground. (Exhibit A.)
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As noted in the October 13, 2025, letter, putting utility lines underground is extremely expensive due to construction costs and associated fees. It also does not result in the removal of power poles since the transmission lines would remain aboveground. In addition, Southern California Edison (“SCE”) has stated that it cannot do the work for approximately nine months, which would increase the Applicant’s land carry costs since the City does not allow the issuance of certificate of occupancy for homes in projects conditioned on undergrounding utilities until the undergrounding is complete. (§ 13.32.030.C.) Accordingly, the Utility Line Concession would result in identifiable and actual cost reductions to provide for affordable housing costs.

4. City Staff Argue Against Applicant’s Concession Despite No Direct or Quantifiable Safety Concerns
On February 17, 2026, City staff sent a memorandum (“City Memorandum”) indicating that staff likely would recommend that the Planning Commission deny the Utility Line Concession. (Exhibit B.) According to the City Memorandum, the Utility Line Concession would “result in public safety impacts” and undergrounding is necessary to “reduce hazards to life and property, particularly during emergencies, and to maintain safe visibility and access within the public right-of way.” (City Memorandum, pp. 1–2.) Under SDBL, the City can deny a concession based on safety concerns only if that concession would have a “specific, adverse impact upon the public health and safety.” A “specific, adverse impact” means a “significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” (Gov. Code, § 65589.5, subd. (d)(2); id. § 65915, subd. (d)(1)(B).) City staff made no findings about the Project or the specific utility lines that the Applicant seeks to retain.

Instead, City staff based its claims that the Utility Line Concession would create an adverse safety impact on the general findings cited in the City’s Underground Utility Devices Ordinance. Those findings note that the absence of utility poles serve the public health, safety, and welfare because the lack of poles “eliminate[s] potential hazards,” “facilitate[s] the delivery services,” “improve[s] or increase[s] the utility of the public right-of-way,” and “improve[s] or increase[s] the visibility of persons operating motor vehicles.” (City Mun. Code, § 13.32.010.) Staff failed to connect these general findings to the utility poles on the Property’s boundary.

Nor do the findings in the Underground Utility Devices Ordinance explain how the Utility Line Concession, which would leave existing utility poles in place, creates “a significant, quantifiable, direct, and unavoidable impact.” (Gov. Code, § 65589.5, subd. (d)(2).) City staff provided no quantification of impacts or articulate any theory regarding how power lines that have existed for decades suddenly become a significant adverse impact to public safety when the Applicant redevelops the Property with the 346

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Project. As the Legislature stated, “the conditions that would have a specific, adverse impact upon the public health and safety . . . arise infrequently.” (Gov. Code, § 65589.5, subd. (a)(3).) Aboveground powerlines, however, arise frequently.

City staff also failed to find that “there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households” in its memorandum. (See Gov. Code, § 65915, subd. (d)(1)(B).) For example, and as proposed by the Applicant, the alleged danger to drivers caused by maintaining existing utility poles could be mitigated or avoided by a guardrail.

5. City Staff Recommend Denial of the Concession in its Staff Report to the Planning Commission, Citing the Same General Reasons for Denial State in the City Memorandum
Prior to the June 17, 2026, Planning Commission hearing, the Applicant explained to staff why it could not deny the requested concession. Nevertheless, staff recommended denial of the Utility Line Concession. (Planning Commission Staff Report (“Staff Report”) (June 17, 2026) (excerpts attached as “Exhibit C” 3 ), p. 10.)
To support its recommendation, Staff again cited the Underground Utility Devices Ordinance, stating that ordinance “establishes undergrounding as a key public safety requirement to reduce hazards during emergencies, limit risks from downed lines, and maintain safe conditions in the public right-of-way.” (Id.) As discussed above, those generalized findings are insufficient to show that the Applicant’s request to retain the utility poles around the Property would create a specific, adverse impact on public safety.

Staff also provided data showing that 23 traffic accidents involving a vehicle collision with a power pole resulting in damage to the pole (not people) had occurred in the City between 2021 and 2025. (Id.) This data shows no driver hit a pole adjacent to the Property. (Id., at p. 20.) The data shows that of the 23 collisions, only four resulted in injuries, and the data fails to state the severity of the injuries. (Id.) Twenty collisions occurred because drivers failed to obey traffic rules (i.e., improper turning, speeding, and driving under the influence). (Id.) A reasonable inference from this data is that bad drivers cause accidents and not that utility poles have a significant, adverse impact upon public health and safety. For the other three collisions, no reason is given for the driver hitting the pole. (Id.) The lack of information does not support a finding that utility poles are a significant, adverse impact upon public health and safety. 3 The full staff report is over 1,000 pages, making it too large to easily transmit. We can provide a complete copy upon request.
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The Staff Report failed to consider whether there is a feasible method to satisfactorily mitigate or avoid the adverse impact allegedly caused by the Project’s utility poles other than disapproval of the Utility Line Concession.

6. The Planning Commission Fails to Find the Concession Would Have a Direct, Quantifiable, and Unavoidable Impact and Wrongly Denies the Concession
Unfortunately, the Planning Commission followed staff’s recommendation and denied the Utility Line Concession, failing to support that denial with findings showing that the Utility Line Concession would cause a significant, adverse impact upon the public health and safety and there is no feasible method to mitigate or avoid the impact.

The resolution denying that concession (“Resolution”) provides four reasons for denial. (Id., p. 17.) First, “undergrounding utilities is necessary to protect public health, safety, and welfare by reducing risks to life and property during emergencies such as earthquakes, fires, and severe weather events, reducing hazards associated with downed or damaged utility lines, and maintaining safe visibility and access within the public right-ofway for pedestrians, motorists, and emergency responders.” (Id.) Second, traffic collision data (the data discussed in Section 5 of this letter) “indicates there have been 23 traffic accidents within Chino City Limits involving a vehicle collision with a Southern California Edison (SCE) power pole resulting in damage to the pole.” (Id.) Third, the “undergrounding requirement constitutes a fundamental public safety standard rather than a discretionary or primarily aesthetic requirement.” (Id.) Fourth, “[b]ased upon the legislative findings contained in Chapter 13.32, the requested concession or waiver would potentially create specific adverse impacts on public health and safety that cannot be mitigated without requiring compliance with the undergrounding requirement.” (Id.) None of the City’s findings are sufficient to show that the Underground Utility Concession would have a specific, adverse impact upon public health or safety and there is no feasible way to minimize that impact other than denying the Underground Utility Concession.

All four findings are general, making them insufficient to show that the Utility Line Concession creates a specific, adverse impact upon the public safety. No finding explains why the utility poles for the transmission lines along Magnolia Avenue, which the City does not require the Applicant to underground, are safe but the utility poles along Riverside Drive are so unsafe that the City must deny the Utility Line Concession.

The first finding does not support the conclusion that utility lines have a significant, adverse impact upon public health and safety. That finding states that underground utility lines “reduce hazards” compared to aboveground utility lines. But there is no showing that aboveground utility lines pose a significant, adverse impact upon the public safety, 348

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particularly considering that such impacts by definition arise infrequently. As noted above, aboveground utility lines are ubiquitous. They are so ubiquitous that SCE has found a way other than undergrounding to reduce the risk to the public from such lines during fires and severe weather events. Specifically, SCE temporarily shuts off power when there are dangerous fire weather conditions, including strong winds, dry vegetation, and low humidity, to reduce the risk of a wildfire caused by utility equipment. (SCE, Public Safety Power Shutoff Webpage.4)
The Property also is not in or near a mapped fire zone. (See CALFire Fire Hazard Severity Zone Viewer.) The Planning Commission did not consider that fact or any other Property or Project-specific information.

The second finding does not connect the City’s pole collision data to either significant adverse impacts upon public safety or the utility poles around the Property.

That data shows that in five years, there were 23 vehicle collisions with utility poles, mainly caused by drivers breaking traffic rules and that four resulted in injuries. The data is silent as to whether the injuries were significant. To the extent the collision data is informative, it shows that no collisions occurred on Magnolia Avenue or Riverside Drive, suggesting the utility poles along those streets cause no safety hazard. Notably, the Project’s traffic analysis found that the Project would meet all vehicular sightline and turning requirements and there is no evidence that the utility lines impede pedestrian passage on sidewalks.

The third finding that the City’s undergrounding requirement is a mandatory public safety requirement is insufficient to justify denial of a concession and is undermined by the City’s written requirements, which are in Chapter 13.32 of the City’s Municipal Code (“Chapter 13.32”).

Concessions allow an applicant to avoid mandatory municipal code requirements, all of which cities adopt under their police power to protect the public health, safety, and welfare. (See Miller v. Board of Public Works of City of Los Angeles (1925) 195 Cal. 477, 487 [“any zoning regulation is a valid exercise of the police power which is necessary to subserve the ends of which the police power exists, namely, the promotion of the public health, safety, morals, and general welfare”].) The City’s logic that a concession cannot be used to waive a requirement adopted to protect public safety would eviscerate the ability to obtain concessions. (See id., at pp. 488–489 [noting that zoning ordinances are adopted to “promote the public morals, health, safety, or general welfare” and comprehensive zoning solves problems of “fire, and health protection”].) The City must make a more specific 4 Available at https://www.sce.com/outages-safety/outage-preparedness/outage-types/public-safety-powershutoff-psps. 349

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showing that a requested concession results in a specific, adverse impact than noting that the concession removes a requirement that the City adopted under its police powers.

Moreover, Chapter 13.32 allows exceptions from the undergrounding requirements for certain devices and in certain situations. Exempted devices include the most dangerous of electrical lines—those operated at voltages in excess of 34,500 volts—as well as overhead devices in alleys, trails and utility easements in all but one location and utility lines in residential areas serving residential structures where utility poles presently exist along or near rear property lot lines. (Mun. Code, § 13.32.060.) Additionally, the City engineer can exempt a project “whenever the city engineer finds, in his or her discretion, that the proposed developments or improvements fit” certain criteria. (Id., § 13.32.070.) One such criterion is that the undergrounding distance would be less than 650 feet. (Id., § 13.32.070.E.) If the distance is less than 650 feet, the City engineer “may allow the owner or developer to pay a fee to the city” in lieu of undergrounding the utility lines.

These exceptions show that Chapter 13.32 is not so fundamental to public safety that undergrounding is required regardless of utility device or project type.

Chapter 13.32 also allows the City engineer “[i]n the exercise of the discretion granted” to “determine which utility devices shall be placed underground.” (Id., § 13.32.050.D.) This discretion applies to non-exempted devices. (Id., § 13.32.050.B.) Chapter 13.32 provides no objective criteria for how the City engineer must exercise his or her discretion. Stated differently, Chapter 13.32 is not, as the Planning Commission stated, “a fundamental public safety standard rather than a discretionary or primarily aesthetic requirement.” Instead, it is a discretionary requirement, where the City engineer gets to decide how it is enforced.

The fourth finding states that the findings justifying the City’s adoption of Chapter

13.32 show that the Utility Line Concession “would potentially create” a significant, adverse impact. SDBL requires a finding that the requested concession “would have a specific, adverse impact”; the potential for an impact is insufficient for denial. The City failed to show that the Utility Line Concession would definitively have a specific, adverse impact upon the public safety. The lines the Applicant wishes to leave in place have long existed and if they were dangerous, the City would have quantified data showing that danger. The only conclusion to draw from the City’s reliance on generic data unrelated to the Property or Project is that the City lacks evidence that maintaining the electrical lines around the Property (particularly when the City allows the transmission lines to remain aboveground) creates a quantifiable, direct, and unavoidable impact upon the public safety.

Finally, although the City stated that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, the City failed to propose or consider any mitigation. The Applicant told the Planning Commission that he would install a guardrail to prevent vehicles from hitting the utility poles. The Planning Commission did not address that suggestion or consider any others.
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Because the City has stated that it would not alter its position on the denial of the Utility Line Concession absence guidance from HCD, we ask that HCD provide such guidance in a strongly worded Notice of Violation.

Sincerely,
Cox, Castle & Nicholson LLP
Linda C. Klein
Partner
Attachments: Exhibit A, Request for the Utility Line Concession Exhibit B, City Memorandum Denying Utility Line Concession Exhibit C, Planning Commission Staff Report
cc: Joe Oftelie
Brian Taylor
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EXHIBIT A
352
Chino 4
October 13, 2025
Regent Land Company
1968 S. Coast Hwy, Suite 3043
Laguna Beach, CA 92651
City of Chino Development
Development Services Department
13220 Central Avenue
Chino, CA 91710
RE: Chino 4 — Project Description
Dear Development Services Department:

Thank you for the opportunity to bring a new residential project to the City of Chino. Regent Land Company is honored to present our proposed 100 attached homes in an inviting community to your City.

Our community will be located at 6033 and 6041 Riverside Dr, Chino, CA 91710 (APN 102-011-101 and 102-011-102), consists of a 5 gross acre site or 3.96 adjusted gross acre site. Of the 3.96 adjusted gross acre site,0.2 adjusted gross acres are zoned Commercial General and 3.76 adjusted gross acres are zoned Commercial General with an affordable housing overlay. The site is mostly vacant with two residential homes on the property.

The entitlements proposed for this project are a Tentative Tract Map, Site Approval, and the adoption of CEQA findings (i.e., Class 32 Exemption). This project has a land use designation Commercial General and zoning designation Commercial General. The project has an Affordable Housing Overlay on 3.76 adjusted gross acres of the site that allows for a minimum of 26 units per acre. In the 3.76 adjusted gross acres, the project is planned at 26.59 units per acre which is consistent with the Affordable Housing Overlay. There is one APN that is not a part of the Affordable Housing Overlay, but it is not planned to have any homes. The Commercial General zoning on the parcel will allow for park space which is what is planned for that portion of the site.

The affordable housing overlay requires 3% moderate housing to be developed on the site. In order to qualify for State Density Bonus Law (SDBL) Regent Land Company is proposing 10% of the homes be provided to moderate income households. Due to the use of State Density Bonus Law, the project is allowed an unlimited number of waivers and one concession/incentive. The project requests the use of the concession/incentive to keep the existing power poles along the project frontage in place and not relocate underground. The project seeks waivers for all the development standards with which it does not meet including the requested waiver below. The applicant also reserves its right to seek additional waivers during application processing.
• Front Yard Setback. According to Table 20.09.6, the minimum front yard setback shall be 15 feet.

The Project requests a waiver to allow the lots to have an 8-foot front yard setback. Absent this 353
Chino 4
waiver, the Project would need to redesign the building locations and would be unable to fit 100 units on the Property and achieve the density permitted. • Side Yard Setback. According to Table 20.09.6, the minimum side yard setback shall be 15 feet.

The Project requests a waiver to allow the lots to have a 7-foot side yard setback. Absent this waiver, the Project would need to redesign the building locations and would be unable to fit 100 units on the Property and achieve the density permitted. • Rear Yard Setback. According to Table 20.09.6, the minimum rear yard setback shall be 15 feet.

The Project requests a waiver to allow the lots to have a 7-foot rear yard setback. Absent this waiver, the Project would need to redesign the building locations and would be unable to fit 100 units on the Property and achieve the density permitted. • Outdoor Living Area. According to Code 20.09.090H.1, a minimum of 400 SF per unit of outdoor open space and 20% of net lot area devoted to open space is required. The Project requests a waiver to allow for 19,085 SF of outdoor open space and 15% of net lot area devoted to open space. Absent this waiver, the Project would need to redesign the building locations and would be unable to fit 100 units on the Property and achieve the density permitted. • Private Open Space for Ground Floor Units. According to Code 20.09.090H.2, a minimum of 72 SF deck per unit is required. The Project requests a waiver to allow for 0 SF of private deck area.

Absent this waiver, the Project would need to redesign the building locations and would be unable to fit 100 units on the Property and achieve the density permitted. • Common Area Open Space. According to Code 20.09.090H.3, a minimum of 65% of outdoor living is required. The Project requests a waiver to allow for 48% of outdoor living. Absent this waiver, the Project would need to redesign the building locations and would be unable to fit 100 units on the Property and achieve the density permitted. • Height of Fence. According to Code 20.10-1, the maximum height of a fence is 3 feet. The Project requests a waiver to allow for a maximum of 9 feet 6 inches. Absent this waiver, the Project would need to redesign the building locations and would be unable to fit 100 units on the Property and achieve the density permitted.

The homes have been designed to create an inviting community that focuses on the comfort and safe lifestyles of the homeowners. This 100-home community comprises four plan types. These homes will feature pre-wired EV charging within the garages, solar roofs, and many other energy-efficient features.

The proposed site layout maximizes the common area open space and provides multiple amenity areas for the community to enjoy. The community entry and exit are from Magnolia Avenue.

Regent Land Company has a strong reputation for creating lasting value and community pride of ownership. We bring environmentally friendly residential communities to cater to today’s lifestyle. On behalf of Regent Land Company, we are honored to have this opportunity to bring much-needed housing to the City of Chino.

Sincerely,
Brian Taylor
354

EXHIBIT B
355
DATE: February 17, 2026
TO: Affordable Housing Overlay/Mixed Use Overlay Developer FROM: Planning Division
SUBJECT: DENSITY BONUS WAIVER/CONCESSION FOR UTILITY

UNDERGROUNDING
This memorandum responds to your request for a waiver or concession from the City’s requirement to underground utilities in connection with your proposed project. After reviewing the applicable provisions of the City’s Municipal Code and considering the purpose of the undergrounding requirement, staff does not support treating utility undergrounding as a candidate for waiver or concession. City staff and the City Attorney are of the opinion that granting such a waiver or concession could result in public safety impacts that are inconsistent with the intent of the City’s regulations.

Chapter 13.32 of the Municipal Code, titled “Underground Utility Devices”, establishes the City’s requirements for undergrounding utility devices and documents the public health and safety concerns associated with overhead utility lines and poles. The City Council found that eliminating overhead utility poles and lines reduces risks to life and property during emergencies such as earthquakes, fires, and severe weather events, and lowers the risks associated with downed or damaged utility lines. Undergrounding utilities also improves visibility and access within the public right-of-way, which supports safer conditions for pedestrians, motorists, and emergency services.

Because of these findings, the City applies the undergrounding requirement broadly to development projects that require City permits, and treats it as a fundamental safety standard rather than a discretionary enhancement. Although Chapter 13.32 includes certain exemptions, those provisions are narrow and specific. They do not establish a general ability to waive undergrounding requirements in connection with new development, nor do they suggest that undergrounding is an optional or primarily aesthetic requirement.

M E M O R A N D U M

DEVELOPMENT SERVICES DEPARTMENT
356
Under the State Density Bonus Law (Government Code section 65915(d)), qualifying affordable housing projects are generally entitled to concessions or incentives that result in identifiable and actual cost reductions. The City must approve such concessions unless it can make specific findings, supported by substantial evidence, that the requested relief would either: (1) not reduce costs, (2) cause a specific adverse impact on public health or safety, the physical environment, or a historic resource that cannot be mitigated without rendering the project unaffordable, or (3) violate state or federal law. In this case, Chapter

13.32 includes explicit legislative findings that undergrounding utilities is necessary to reduce hazards to life and property, particularly during emergencies, and to maintain safe visibility and access within the public right-of-way.

For these reasons, City staff and the City Attorney do not support approving any waiver or concession from the City's undergrounding requirement and will maintain this position in project review. While we remain available to discuss code-compliant alternatives and narrow exemptions under Chapter 13.32, our position is that all required utilities must be installed underground to protect public safety.
357

EXHIBIT C
358
Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the Planning Commission, are invited to fill out and submit to the Recording Secretary a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected] no later than 5:00 p.m. the day of the meeting.

If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office at (909) 334-3306 at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the Planning Commission regarding any item on this agenda will be made available in the Development Services Department during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org.

CHINO PLANNING COMMISSION

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
WEDNESDAY, JUNE 17, 2026 AT 6:00 PM

REGULAR MEETING
AGENDA
_________________________________________________________________________________

FLAG SALUTE

ROLL CALL
Planning Commission Members: Lissa Fraga (Chairperson), Vincent Lopez (Vice Chairperson), Jimmy Alexandris, Brandon Blanchard, Kevin Cisneroz, Annmarie Lemento, Lawrence Vieira.

ANNOUNCEMENTS

PUBLIC COMMUNICATIONS
At this time, members of the public may address the Planning Commission on subjects that do not appear on the agenda. Please state your name for the record and limit your remarks to three minutes. If you have an item that will require discussion, please request that the item be placed on the next Planning Commission meeting agenda.

CONTINUED PUBLIC HEARING

1. PL25-0067 (SA) and PL25-0068 (TTM 20794) A request for approval to subdivide and develop a 100-unit residential for-sale project at a density of 26.6 dwelling units per acre on a 3.76 adjusted gross acre site within the CG (General Commercial) zoning district in the Affordable Housing Overlay.

Staff Report By: Maria Staar, Senior Planner
RECOMMENDATION: Adopt Planning Commission Resolution No. PC2026-004 approving PL25-0067 (Site Approval) and PL25-0068 (Tentative Tract Map 20794), based upon the findings and subject to the departmental conditions of approval). 3591

CHINO PLANNING COMMISSION
JUNE 17, 2026 2

PUBLIC HEARINGS
The public will be given an opportunity to speak on each of the items listed below. Following a presentation and questions from the Planning Commission to staff, the chairperson will open the public hearing. At that time, the applicant will be permitted ten minutes to present their case.

Members of the public will then be permitted five minutes to speak. After all have spoken, the applicant is permitted three minutes to summarize. The public hearing is then closed; however, the Planning Commission may, at its discretion, reopen the public hearing to receive additional public testimony. It is requested, but not required, that any members of the public addressing the Planning Commission state their name for the record prior to making your remarks.

2. PL25-0022 (Site Approval). A request to construct a 210-unit residential rental community consisting of 25 two- and three-story residential buildings and a recreation building on 7.9 adjusted gross acres of land at a density of 26.6 dwelling units per acre.

Staff Report By: Maria Staar, Senior Planner
RECOMMENDATION: Adopt Planning Commission Resolution No. PC 2026-005 approving PL25-0022 (Site Approval) based upon the findings and subject to the departmental conditions of approval.

3. PL26-0119 (Specific Plan Amendment), PL25-0120 (Site Approval), and PL25-0121 (Tentative Tract Map). A request to amend the East Chino Specific Plan (ECSP) and a request for approval of a Site Approval (SA) and Tentative Tract Map (TTM) ) to subdivide 12.42 adjusted gross acres for the development of 55 single-family residential homes.

Staff Report By: Chris Cortez, Assistant Planner
RECOMMENDATION: 1) Adopt Planning Commission Resolution No. PC2026-012, recommending the City Council approve PL26-0019 (East Chino Specific Plan Amendment), based on the findings listed in the Planning Commission Resolution No. PC2026-012; 2) Adopt Planning Commission Resolution No. PC2026-013, approving PL25-0120 (Site Approval) and PL25-0121 (Tentative Tract Map No. 20845), based upon the findings and subject to the departmental conditions of approval.

4. PL26-0057 (Sign Code Update). A proposed comprehensive update to Title 16 (Signs) of the Chino Municipal Sign Code to amend and reorganize multiple chapters of Title 16.

Staff Report By: Chris Cortez, Assistant Planner

5. Comprehensive Zoning Code Update (PL24-0146 ZOA) and Zoning Map Amendment (PL25-0108 ZC) to implement the 2045 General Plan. Comprehensive Zoning Code Update (PL24-0146 ZOA) and Zoning Map Amendment (PL25-0108 ZC) to implement the 2045 General Plan.

Staff Report By: Michael Hitz, Principal Planner

NEW BUSINESS

DIRECTOR'S REPORT

COMMISSION COMMENTS

ADJOURNMENT
Adjourn to a regular meeting of the Planning Commission on July 15, 2026 at 6:00 p.m. in these Council Chambers.
3602

CHINO PLANNING COMMISSION
JUNE 17, 2026 3
I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on June 11, 2026 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.

All Planning Commission decisions may be appealed to the City Council. An appeal of a Planning Commission decision must be filed with the Planning Division within ten (10) calendar days of the decision date.
3613

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
PLANNING COMMISSION MEETING DATE: JUNE 17, 2026
..titl e
PL25-0067 (SA) and PL25-0068 (TTM 20794)
..end

LOCATION MAP
3624
PLANNING COMMISSION MEETING DATE: JUNE 17, 2026
TITLE: PL25-0067 (SA) AND PL25-0068 (TTM 20794)
PAGE: 2
PROJECT NO.: PL25-0067 (SA) and PL25-0068 (TTM 20794)
APPLICANT: Regent Land Company
REQUEST: A request to subdivide 3.76 adjusted gross acres of land into one lot, for condominium purposes for the construction of a 100-unit, 17 building residential for-sale project at a density of 26.6 dwelling units per acre within the CG (General Commercial) zoning district within the Affordable Housing Overlay (AHO) and 0.17-acre lot in the CG zoning district.

LOCATION: Southwest corner of Riverside Drive and Magnolia Avenue (APN 1020-111-01 and -02)
RECOMMENDATION:
..recommendation
Adopt Planning Commission Resolution No. PC2026-004 approving PL25-0067 (Site Approval) and PL25-0068 (Tentative Tract Map 20794), based upon the findings and subject to the departmental conditions of approval).
..body
SURROUNDING ZONING AND LAND USE:

Existing Land Use General Plan Zoning District
Project Site - Residential GC (General
Commercial)
CG (General
Commercial) with a
portion in the
Affordable Housing
Overlay (AHO)
North - Commercial GC (General
Commercial)
CG (General
Commercial)
East - Apartments RD20 and RD12
(Residential 20
Dwelling Units/Acre
and Residential 12
Dwelling Units/Acre)
RD20 (Residential 20
Dwelling units /Acre
and RD12 (Residential
12 Dwelling
Units/Acre)
South - Residential RD4.5 (Residential 4.5
Dwelling Units/Acre)
RD4.5 (Residential 4.5
Dwelling Units / Acre)
West - Residential GC (General
Commercial)
CG (General
Commercial) with
Affordable Housing
Overlay (AHO)

BACKGROUND
The 2021-2029 Housing Element (Housing Element) update was originally adopted by the City Council on January 4, 2022, with revisions to the document adopted in December 2024. The Housing Element established an Affordable Housing Overlay (AHO) and Mixed Use Overlay (MUO) on 91 different sites throughout the City. These specific sites were identified during the drafting of the Housing Element as a strategy for meeting the City’s Regional Housing Needs Assessment (RHNA) numbers required by the State. Housing sites within both overlays allow for residential development of up to 30 dwelling units per acre (du/ac) provided that projects 3635
PLANNING COMMISSION MEETING DATE: JUNE 17, 2026
TITLE: PL25-0067 (SA) AND PL25-0068 (TTM 20794)
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provide affordable housing for low-income households. The subject project is located on one of the AHO sites identified in the adopted Housing Element.

The applicant submitted a preliminary application (PL25-0066) on May 29, 2025 under the provisions of Senate Bill 330, the Housing Crisis Act (SB 330). SB 330 was adopted by the State in 2019 to, among other things, provide more certainty to housing developers by allowing them to lock in the standards that apply to their projects. Subject to limited exceptions, filing a preliminary application locks in the development standards that are in place on the day the preliminary application is filed. Preliminary applications can be filed up to 180 days before filing a full application. Concurrent with the preliminary application, the applicant submitted applications for a Site Approval (PL25-0067) and Tentative Tract Map (PL25-0068) on May 29, 2025 for development of the site with a 100-unit for-sale community. The project includes a request for waivers pursuant to State Density Bonus Law (SDBL).

In recent years, the state has placed increased limitations on the City’s discretion to approve or deny housing projects. Under the Housing Accountability Act (HAA) (Government Code 65589.5(j)), when a proposed housing project meets applicable, objective general plan, zoning, and subdivision standards, and environmental review has been conducted in compliance with the California Environmental Quality Act (CEQA), then the City must approve the project unless it makes written findings that: (1) the project would have a specific, adverse impact upon the public health or safety unless the project is disapproved; and (2) there is no feasible method to satisfactorily mitigate or avoid the adverse impact other than disapproval of the project. “Specific adverse impact” is defined in state law as “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” State law further explains that “It is the intent of the Legislature that the conditions that would have a specific, adverse impact upon the public health and safety … arise infrequently.”

ISSUES/ANALYSIS
Site Design:

The project site is located at the southwest corner of Riverside Drive and Magnolia Avenue and is bordered by single-family residential uses to the west and south, multifamily residential homes to the east, and commercial uses to the north. Primary vehicular access is provided via a single driveway from Magnolia Avenue. Due to the project’s relatively small size and limited number of units, only a single access point is required.

The proposed development consists of 17 buildings totaling 100 residential units designed as three story townhomes. Building orientations vary and either face a roadway, an internal paseo, the main drive aisle, or the open space amenity. The community is not proposed to be gated; however, an open tubular steel fence will be installed atop a retaining wall along Riverside Drive, as the roadway is elevated above the building pads. A central open space area with a large play structure is located near Riverside Drive. Along Magnolia Avenue, a rectangular open space area includes enhanced landscaping, seating, and a lawn area. A low wall separates the green space from the street. This area was included to help buffer Building One from the adjacent intersection.
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The residential buildings are configured as 4, 5, 6, and 8-plex buildings, primarily oriented perpendicular to the Riverside Drive and fronting onto Magnolia Avenue.

Due to the design and density of the project, the project does not meet certain development standards. Specifically, waivers from front side and rear yard setbacks are requested pursuant to the State Density Bonus Law (SDBL), as discussed later in this report.

Project statistics are as follows:

Item Proposed
Project Area - 3.76 adjusted gross acreage + 0.17-acre lettered lot No. Lots - 1 lot and 1 lettered lot
Density - 26.6 du per acre/ 26-30 du/acre
No. of Buildings - 17 residential buildings
Building Area - Residential buildings 217,704 square feet (three stories) – 100 units
Lot Coverage - 44% proposed (AHO lot only)/ 65% maximum allowed Landscape Coverage - 20% without the lettered lot / 24% with the lettered lot / 15 % required
Parking (proposed/required)- 213 proposed parking spaces 210 required parking spaces per Chino Municipal Code
170 required per State density bonus law
Tentative Tract Map:

The project site currently has two residential structures and a stable and is comprised of two separate legal lots. The proposed tract map would consolidate the two lots and subdivide the lot for condominium purposes facilitating the sale and development of 100 for-sale residential units.

The primary development portion encompasses 3.76 adjusted gross acres, while a lettered lot comprises 0.17 acres. The central open space area would be located within the lettered lot and no building is proposed on this portion of the project site as the lettered lot does not have the AHO designation. Project development will involve the demolition of the structures to allow for site grading and construction.

Parking:

The proposed for-sale community provides a total of 213 parking spaces for the development, which exceeds the City’s requirement of 210 parking spaces. Since the project qualifies for a density bonus, the State Density Bonus Law (SDBL), California Government Code Section 65915, limits the number of parking stalls a City can require for this type of residential development. Based on SDBL parking requirements, the City cannot require more than one parking space per unit for one-bedroom units, more than 1.5 parking spaces per unit for two and three-bedroom units, and 2.5 parking spaces per unit for four-bedroom units, which results in 170 parking stalls required for the proposed project. The project exceeds this requirement by providing a total of 213 parking stalls of which 200 will be within a garage and the remaining 13 3657
PLANNING COMMISSION MEETING DATE: JUNE 17, 2026
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stalls will be surface parking. This exceeds the minimum required parking per SDBL by 43 spaces, and the City’s requirement by 3 spaces. Furthermore, the applicant was conditioned to implement a Parking Management Plan to the satisfaction of the Director of Development Services to require that residents park in the garages, to monitor parking areas, and other additional measures to help minimize parking conflicts.

A City cannot require additional parking even if the project does not conform with the City’s parking requirement. The State has passed numerous laws that expressly prohibit cities from requiring developers to provide more on-site parking spaces than otherwise expressly permitted by State law. In this case, with the inclusion of ten percent affordable housing units for moderate-income households, the project is entitled to the parking ratios set forth in SDBL.

Amenities, Landscape and Walls:

The AHO standards require projects to provide at least one major and two minor community amenities, and the project exceeds this requirement. Amenities in the development include a centrally located open space area that includes a large play structure. Additional features include small dog park at the southwest corner of the project site, and multiple seating areas with shade structures in the paseo areas between buildings.

Private open space is also provided for each unit by either a patio and/or a balcony. While each unit provides private open space, the amount of private open space does not meet the requirements of the AHO and a waiver pursuant to SDBL is being requested.

The project provides a total of 24% landscape coverage when including the lettered lot with the open space play area, which exceeds the minimum AHO requirement of 15%. Landscaping throughout the development has a drought tolerant design, incorporating trees, shrubs, and groundcover. A six-foot high decorative block wall is provided along the south and west perimeter of the project site. A tubular metal fence atop a retaining wall is provided along Riverside Drive.

Floor plans and Architecture:

The buildings are inspired by Spanish architecture and have two color schemes. The buildings are configured as 4, 5, 6, and 8-plex buildings and include a mix of three and four-bedroom units with four floor plans ranging in size from 1,412 square feet to 1,802 square feet. The buildings feature various details to provide some visual variation and interest. The buildings have a stucco finish, metal railing on balconies, tile surround or awnings at entries, exposed rafter tails, decorative shutters, decorative scalloped sills, and decorative metal pot shelves under certain upper level windows. Front doors, garage doors, and light fixtures are provided to match the architectural style. Traditional “S” tile roofing is provided throughout.

Applicable Standards and Waivers from Standards:

Under California State housing law, when a developer submits a preliminary application for a housing project, that project is only subject to the ordinances, policies, and standards adopted and in effect on the date the preliminary application is submitted. On April 18, 2023, the City Council adopted Ordinance No. 2023-008, which established development standards for the Affordable Housing Overlay (AHO). Based on the development standards the for-sale residential development must: (1) reserve at least three percent of its units for medium-income households; (2) adhere to a base density of 26 dwelling units per acre; and (3) remain in substantial conformance with both the preliminary application submitted to the City and the full application as deemed complete by the City.
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This project exceeds the moderate income requirement of three percent required under the AHO by providing ten percent of the homes (10 units) to moderate income households. The applicant therefore is entitled to waivers under State Density Bonus Law (SDBL). A waiver is a reduction or modification of any development standards and other regulations when those requirements physically preclude the project as designed. To qualify for waivers under SDBL, the applicant must provide written documentation justifying the need for a waiver. Additionally, there is no limit to the number of waivers that can be requested, allowing the applicant to seek relief from multiple standards. The ability for a City to deny a waiver under SDBL is limited to whether the request would potentially result in a specific, adverse impact upon health, safety, or the environment. (Government Code, 65915(d)(1) and 65915(e)(1).) In review of the requested waivers, it has been determined that the waivers would not result in a specific, adverse impact as defined by the Government Code. As such, the applicant has formally requested the following waivers for the Project (Exhibit “B”), which are detailed below.

1. Front yard setback (Magnolia Avenue): Relief from the required 15-foot front yard setback is requested. The Project proposes an eight-foot and eight-inch setback for one of the two buildings fronting Magnolia Avenue.

2. Side yard setback: (Riverside Drive and South Property line): Relief from both required 10-foot side yard setbacks are requested. The Project proposes a seven-foot setback along Riverside Drive, with the utility door swings projecting three feet seven inches into the setback area, without extending beyond the property line. Additionally, a seven-foot setback is requested at the nearest point to the southern property line.

3. Rear yard setback: Relief from the required 15-foot rear yard setback is requested. The proposed rear yard setback is seven feet nine inches at the nearest point to the west property line.

4. Height and location of fence and wall at Riverside: Relief from wall and fence height and setback requirements along the street-facing property line is requested. Riverside Drive is situated at a higher elevation than the project site, necessitating the construction of a retaining wall along the north property line. The greatest grade differential occurs at the western end of the site, gradually transitioning to match the grade near the northeast corner.

For safety purposes, a fence is required atop the retaining wall because the public sidewalk runs directly adjacent to the property line, creating a potential fall hazard due to the elevation difference. While the municipal code permits a maximum fence height of six feet along Riverside Drive, it requires that overall wall height be measured from the lowest finished grade. Because portions of the combination wall function as a retaining wall, the combined wall and fence reach a maximum height of 9.5 feet, exceeding what the code allows. However, the full height of the combination wall will not be visible to Riverside Drive, and the tubular steel fencing along Riverside Drive will have an exposed height of 42 inches.

Additionally, the code requires block walls to be set back 18 inches from the property line to accommodate landscaping along the roadway. However, the proposed combined wall and fence are located directly on the property line, immediately adjacent to the sidewalk. The applicant has provided colored site plan sheets and sectional drawings in the landscape package to illustrate the proposed wall condition.

5. Minimum Outdoor Living Area: A minimum of 400 square feet of outdoor open space (40,000 square feet) is required per unit and a minimum net lot area of 20% devoted to 3679
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open space (private or common open space) is required. The project requests a waiver and is proposing 19,084 square feet of outdoor open space and 15% of net lot area devoted to outdoor living area. Lot A is a separate lot and not within the AHO, and was not included in the calculations, however it provides an additional 7,377 square feet of common open space area.

6. Common Area Open Space requirements: A minimum of 65% of the outdoor living area is required to be provided as common open space. The project requests a waiver and is proposing 48% of outdoor living area for common open space.

7. Private Open Space for Ground Floor Units: Relief is requested from the private open space standards required that ground level units have a patio with a minimum dimension of 10 feet and 150 square feet overall or have an upper deck with a minimum dimension of six feet and 72 square feet overall. All units include balconies which range from 57 to 60 square feet in size, with minimum dimensions of four feet seven inches in width and 11 feet one inch in length. In addition, 19 units provide private ground-floor patios where feasible. These patio areas are depicted in mid-green on the site plan.

8. Floor plates for the third story: Relief is requested from the AHO standard limiting third-story floor plates to 80% of the ground-floor area. The project seeks approval for a third-story floor plate equal to approximately 107% of the ground-floor plate.

In addition to waivers, the applicant is requesting a concession under State Density Bonus Law for the undergrounding existing overhead utility lines, as required by the Chino Municipal Code.

Staff does not support this request. Chapter 13.32 of the Chino Municipal Code establishes undergrounding as a key public safety requirement to reduce hazards during emergencies, limit risks from downed lines, and maintain safe conditions in the public right-of-way. While State Density Bonus Law permits granting a concession that will reduce development costs, the City may deny the request if it would result in a specific adverse impact on public health or safety.

Traffic collision data compiled from 2021 to 2025 indicates there have been 23 traffic accidents within Chino City Limits involving a vehicle collision with a Southern California Edison (SCE) power pole resulting in damage to the pole. Staff and the City Attorney have determined that the concession to waive the undergrounding requirement will result in a significant adverse impact on public health or safety; therefore, the request does not meet the findings for approval.

Although the applicant has identified additional costs associated with undergrounding and related utility improvements, those costs do not outweigh the public safety objectives served by Chapter 13.32 of the Municipal Code. The finding for denial can be referenced in Section 3 of Planning Commission Resolution No. PC2026-004, attached to this staff report. The project has been conditioned to comply with undergrounding requirements, and the Memorandum of Understanding reflecting this position is included Exhibit “B”.

Public Outreach:

The applicant has conducted neighborhood outreach to inform residents and solicit feedback on the proposed project. On December 3, 2025, the applicant door-knocked homes along Barbara Street, speaking directly with adjacent residents about the project and an upcoming neighborhood meeting that was to be held. The meeting was held the following day, December 4, 2025, at the Carolyn Owens Community Center. Approximately 30 individuals attended the neighborhood meeting. At the meeting, various questions and concerns were brought up about traffic, including why access could not be from Riverside Drive rather than Magnolia Avenue; the adequacy of onsite parking given the number of three and four bedroom units; whether 36810
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existing overhead power lines would be undergrounded stating that there could be safety issues keeping them above ground; reduced setbacks; potential noise from air conditioning units near the southern property line; possible light spillover; new walls at the south property line due to the grade difference between the project site and the existing properties; and project timing was discussed. In response to the meeting, the applicant made revisions to the architecture and landscape design by eliminating views off the upper balconies that faced the existing homes to the south and including additional landscape material along the southern property line. Staff received an email from a resident on January 7, 2026, to express concerns of the residents, which is attached as Exhibit “C”.

As follow up, the applicant met individually on March 13, 2026, with a nearby resident and his spouse to discuss the project’s status and design. The resident and his spouse requested that the project consider an all-way stop at Barbara Street and Magnolia Avenue. Following consultation with the City Traffic Engineer, this improvement was determined to be infeasible due to the proximity of Barbara Street to the intersection of Magnolia Avenue and Riverside Drive. The applicant also addressed questions regarding the potential use of a concession to reduce project density. Most recently, on April 10, 2026, the applicant again conducted door-todoor outreach along Barbara Street to have follow up discussions on the project and to notify residents about the upcoming Planning Commission hearing.

Public Noticing
A 10-day notice was mailed to all property owners within a 300-foot radius of the project site. In addition, a notice was published in the Chino Champion on May 9, 2026, and the City sent information out on the City’s social media platforms. In response to the public notice, three responses have been received, which are attached as Exhibits “D”, “E” and “F”. The notice exceeds legal noticing requirements.

ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15332 of the guidelines -Infill Development projects. The exemption applies to infill projects that are consistent with the General Plan and Zoning Requirements; are located on a project site of no more than 5 acres substantially surrounded by urban uses; are located on a site that has no value for habitat for endangered, rare or threatened species; will not result in significant effects relating to traffic, noise, air quality, or water quality; and are located on a site that can be adequately served by utilities and public services. The proposed Project is located on 3.93 acres of land and fully surrounded by existing development. Furthermore, none of the exceptions to the categorical exemptions set forth in the CEQA Guidelines 15300.2, apply to this project. The Exemption report is attached as Exhibit “G”.

Attachments: Exhibit A1 – Project Description with waiver requests Exhibit A2 – Waiver Exhibit
Exhibit B – Memo
Exhibit C – Email from resident
Exhibit D – Public response to notice dated May 19, 2026 36911
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TITLE: PL25-0067 (SA) AND PL25-0068 (TTM 20794)
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Exhibit E – Public response to notice dated May 20, 2026 from HDF Exhibit F – Public response to notice dated May 20, 2026 Exhibit G - Exemption report
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RESOLUTION NO. PC2026-004

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, APPROVING PL25-0067 (SITE APPROVAL)
AND PL25-0068 (TTM 20794) TO SUBDIVIDE 3.76 ADJUSTED

GROSS ACRES OF LAND INTO ONE LOT, FOR CONDOMINIUM
PURPOSES FOR THE CONSTRUCTION OF A 100-UNIT, 17

BUILDING RESIDENTIAL FOR-SALE PROJECT AT A DENSITY OF

26.6 DWELLING UNITS PER ACRE WITHIN THE CG (GENERAL

COMMERCIAL) ZONING DISTRICT WITHIN THE AFFORDABLE
HOUSING OVERLAY (AHO) AND A 0.17-ACRE LOT IN THE CG
ZONING DISTRICT. THIS PROJECT IS LOCATED AT THE

SOUTHWEST CORNER OF RIVERSIDE DRIVE AND MAGNOLIA
AVENUE. (APNS: 1020-111-01 AND -02)
WHEREAS, the Chino 2021-2029 Housing Element (Housing Element) update was adopted by the City Council on January 4, 2022, with revisions to the Housing Element being adopted in December 2024. The Housing Element established an Affordable Housing Overlay (AHO) and Mixed Use Overlay (MUO) on sites throughout the City that had been identified during the drafting of the Housing Element as a strategy for meeting the City’s Regional Housing Need Assessment (RHNA) numbers. Housing sites within both overlays allow for residential development of up to 30 dwelling units per acre (du/ac) provided that projects provide affordable housing for moderate, low, to very low-income households; and
WHEREAS, Regent Land Company (the “Applicant”), filed a preliminary application with the City of Chino (the “City”) on May 29, 2025 and concurrently filed an application for approval of PL25-0067 (Site Approval) and PL25-0068 (Tentative Tract Map No. 20794) (the “Project”) to construct a 100-unit residential for-sale project consisting of 17 three-story buildings on 3.76 adjusted gross acres of land at a density of 26.6 dwelling units per acre within the CG (General Commercial) zoning district within the Affordable Housing Overlay (AHO) and 0.17-acre lot in the CG zoning district. The project is located on the southwest corner of Riverside Drive and Magnolia Avenue (APNs: 1020-111-01 and -02); and
WHEREAS, the Planning Commission of the City of Chino has completed its study of the proposed Project; and
WHEREAS, on June 17, 2026, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, including compliance with the relevant provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and took public testimony on the Project.

NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
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A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes the following findings and takes the following actions on PL25-004 (Site Approval):

1. PL25-0067 (Site Approval)
a. The proposed Project is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s), as General Plan Goal LU-1 aims to enhance livability in the City, with Objective LU-1.1 encouraging a variety of housing types that meet the housing needs of residents of all income levels in Chino. Further, the Project is a proposal for a 100-unit for sale community located within the Affordable Housing Overlay (AHO) and has been designed to meet applicable development standards and design guidelines, with the exception of specified deviations from standards, or waivers, as is permitted by SDBL;
b. The proposed Project is permitted within the zoning district in which it is proposed and complies with all applicable provisions of the City's Zoning Code. The Project site is located within the AHO, which allows for residential projects with affordable units. The proposed Project is for the development of 17 three-story buildings, with 100 units, totaling 217,704 square feet on

3.76 adjusted gross acres of land at a density of 26.6 units per acre, and offering 10 percent of moderate-income units, which is permitted per the AHO. The Project complies with development standards, with the exception of the requested waivers pursuant to State Density Bonus Law (SDBL) in the AHO ordinance;
c. The subject site is physically suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of use proposed, as all minimum zoning requirements governing parcel size, shape, access, type and intensity of development have been met or exceeded. The proposed residential development is consistent with development standards in the AHO ordinance and with the development guidelines and standards of the City’s Zoning Code, with the exception of specified deviations from standards, or waivers, as is permitted by SDBL.

Additionally, the appropriate infrastructure and public improvements are conditioned to be constructed with the development;
d. The subject site for the Project relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed Project, in that the Project site will have direct access from Magnolia Avenue and is within close proximity to Riverside Drive, all of which have been designed to carry the type of traffic visiting the site;
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e. The proposed Project is compatible with those on abutting properties and in the surrounding neighborhood, in that the Project consists of a 100-unit for-sale residential community consisting of 17 buildings surrounded by commercial uses to the north, and residential uses to the north, south and west. The site plan and architectural design incorporate appropriate transitions to nearby single-family homes, including a six-foot-high block wall with landscape along the southern boundary to minimize potential light, noise, and visual impacts. In addition, upper level balcony openings along the southern edge have been eliminated to help maintain privacy. The Project has been designed in compliance with all applicable development standards and design guidelines of the Affordable Housing Overlay; f. The proposed location, size, and operating characteristics of the proposed Project will not be detrimental to the public interest, health, safety or general welfare, as the proposed residential use is consistent with the AHO. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”;
g. The proposed Project will not have a significant adverse impact on the environment as the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Class 32, Section 15332 of the guidelines for In-fill Development Projects; and h. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project and have been imposed as conditions of project approval by the Chino Planning Commission. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.

2. PL25-0068 (Tentative Tract Map No. 20794)
a. Consistency with Plans. The proposed subdivision, together with the provisions for its design and improvements, is consistent with applicable General or Specific Plans of the City, as it is consistent with the City’s General Plan, which designates the property as General Commercial (GC), and the proposed subdivision is consistent with that land use designation; and
b. Consistency with Zoning. The proposed subdivision is consistent with the provisions of the Chino Zoning Ordinance and other related ordinances, as the map complies with the CG zoning district, and other related ordinances, 37315
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in that the proposed map meets the requirements for lot sizes, required dedications, easements, and other requirements as outlined in the City’s Zoning Code; and
c. Suitability. The site is physically suitable for the type and density of development, because all required on and off-site improvements necessary to accommodate the development will be provided in accordance with City requirements. The site is flat and does not have any development constraints that would hinder development, and the parcels created are of sufficient size and dimension to accommodate development consistent with and in accordance with the requirements of the CG zoning district within the AFO; and
d. Environmental damage. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; and e. Wastewater. The discharge of waste from the proposed subdivision into a community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code); and f. Water service. The review of the City Engineer or water service agency indicates there is sufficient water provided to the project site; and g. Soils and geology. There are no adverse soil or geological conditions, according to a preliminary soils report or geological hazard report, or the subdivider has demonstrated to the satisfaction of Director of Development Services, City Engineer and Planning Commission that any adverse conditions can be corrected, as the necessary technical studies show the soil conditions are suitable for development; and
h. Public health. The design of the subdivision or the type of improvements will not cause serious public health problems; and
i. Easements. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; and j. Environmental documentation. The environmental documentation is adequate and conforms with the provisions of the California Environmental Quality Act (CEQA), as the project is exempt from CEQA guidelines pursuant to Section 15332 – In-fill Development projects; and k. Agricultural suitability. The proposed subdivision will not result in the subdivision of agricultural parcels to a size too small to sustain agricultural 37416
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use under the conditions for denial listed in Section 66474.4 of the Subdivision Map Act, as the property is not currently encumbered with any Williamson Act contracts.

3. Density Bonus Waiver/Concession for Utility Undergrounding. The Planning Commission finds that the Applicant’s requested concession or waiver from the City’s underground utility requirement pursuant to Chapter 13.32 of the Chino Municipal Code is denied. Pursuant to Chapter 13.32, titled “Underground Utility Devices,” the City has determined that undergrounding utilities is necessary to protect public health, safety, and welfare by reducing risks to life and property during emergencies such as earthquakes, fires, and severe weather events, reducing hazards associated with downed or damaged utility lines, and maintaining safe visibility and access within the public right-of-way for pedestrians, motorists, and emergency responders. Traffic collision data compiled from 2021 to 2025 indicates there have been 23 traffic accidents within Chino City Limits involving a vehicle collision with a Southern California Edison (SCE) power pole resulting in damage to the pole. The Collision Summary Report is attached hereto as Exhibit “A”. The Planning Commission further finds that the undergrounding requirement constitutes a fundamental public safety standard rather than a discretionary or primarily aesthetic requirement. Based upon the legislative findings contained in Chapter 13.32, the requested concession or waiver would potentially create specific adverse impacts on public health and safety that cannot be mitigated without requiring compliance with the undergrounding requirement. Accordingly, the requested concession or waiver does not qualify for approval under State Density Bonus Law Government Code section 65915(d) as Chapter 13.32 includes explicit legislative findings that undergrounding utilities is necessary to reduce hazards to life and property, particularly during emergencies, and to maintain safe visibility and access with in the public right of way, therefore all required utilities must be installed underground to protect public safety;

4. CEQA Findings. The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15332 of the guidelines-Infill Development projects. The exemption applies to infill projects that are consistent with the General Plan and Zoning Requirements; are located on a project site of no more than 5 acres substantially surrounded by urban uses; are located on a site that has no value for habitat for endangered, rare or threatened species; will not result in significant effects relating to traffic, noise, air quality, or water quality; and are located on a site that can be adequately served by utilities and public services. The proposed Project is located on 3.93 acres of land and fully surrounded by existing development. Furthermore, none of the exceptions to the categorical exemptions set forth in the CEQA Guidelines 15300.2, apply to this project.

5. Approval of PL25-0067 (Site Approval) and PL25-0068 (Tentative Tract Map No. 20794). The Planning Commission hereby approves PL25-0067 (Site Approval) and PL25-0068 (Tentative Tract Map No. 20794) subject to the Conditions of 37517
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01225.0005/951268.1
Approval attached hereto as Exhibit “B”. The Planning Commission further denies the Applicant’s requested concession from the City’s underground utility requirements contained in Chapter 13.32 of the Chino Municipal Code for the reasons set forth herein. Applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “B”.

6. Actions by the Planning Commission Secretary. The Planning Commission Secretary is hereby directed to attest to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.

PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF JUNE 2026.

PLANNING COMMISSION CHAIRPERSON
ATTEST:

SECRETARY, PLANNING COMMISSION
37618
RESOLUTION NO. PC2026-004

Page 7 of 7 ends

01225.0005/951268.1
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 17th day of June 2026 and entered in the minutes of said Commission.

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

SECRETARY, PLANNING COMMISSION
Attachment: Exhibit “A” – Collision Summary Report
Exhibit “B” – Conditions of Approval
37719
1 | P a g e
City of Chino
Collision Summary Report
SCE Pole Damaged
Report # Date Location Direction Description # of Injuries 21-08114 9/18/2021 Schaefer Ave – Mountain Ave 130 feet West of intersection
Head-on to SCE pole
Improper Turning
0 21-10377 11/24/2021 Central Ave – C St 21 feet North of intersection
Hit SCE pole
Driving Under the Influence
0 21-11188 12/21/2021 Enrico St – Pipeline Ave 25 feet West of intersection
Hit SCE pole
Improper Turning
0 21-11286 1/27/2021 Chino Ave – Oaks Ave 388 feet East of intersection
Head-on to SCE pole and
parked vehicles
Improper Turning
0 22-05653 6/26/2022 Mountain Ave – Shaefer Ave 200 feet South of intersection
Hit SCE pole
Unsafe speed
0 22-07932 9/3/2022 Bickmore Ave – Meadowhouse Ave 809 feet West of intersection
Hit SCE Pole
Driving Under Influence
0 22-09442 10/18/2022 Preciado Ave – Chino Ave 24 feet South of intersection
Hit SCE pole
Improper Turning
0 22-11678 12/30/2022 Phillips Blvd – Benson Ave 36 feet West of Intersection
Hit SCE pole
Rear-end other motor vehicle
Driving Under the Influence
1 23-00024 01/01/2023 Marsh Ave – Esperanza St 35 feet South of intersection
Hit SCE pole 0
23-00882 01/27/2023 Chino Ave – Benson Ave 90 feet West of intersection
Hit SCE pole
Driving Under the Influence
0 23-01133 02/04/2023 Central Ave – Anderson St 29 feet South of intersection
Hit SCE pole 0
23-01944 2/28/2023 Philadelphia St – Abacherli Ave 12 feet East of intersection
Hit SCE pole
Improper Turning
1 37820
2 | P a g e
23-02273 3/11/2023 Edison Ave – Central Ave 100 feet West of intersection
Hit SCE pole
Improper Turning
0 23-06827 7/30/2023 Benson Ave – Dover St 403 feet South of Intersection
Head-on to SCE pole
Unsafe Lane Change
0 23-10606 12/1/2023 Chino Ave – Pipeline Ave At Intersection Direction not stated
Broadside to other motor
vehicles, Hit traffic signals,
signs and SCE pole
0 24-00072 01/03/2024 Chino Ave – 12th St E At intersection Direction not stated
Hit SCE pole
Improper Turning
0 24-01278 02/20/2024 Yorba Ave – Edison Ave North of intersection Hit SCE pole Improper Turning
0 24-08346 10/17/2024 Schaefer Ave – 12th St 78 feet West of intersection
Hit SCE pole
Unsafe speed
0 24-08485 10/22/2024 Francis Ave – Vernon Ave 52 feet South of intersection
Hit SCE pole
Driving Under the Influence
0 24-10048 12/29/2024 East End Ave – Philadelphia St 337 feet South of intersection
Hit SCE pole
Unsafe Speed
1 25-03355 05/09/2025 Edison Ave – Ramona Ave 721 feet West of intersection
Hit SCE pole 1
25-05507 7/29/2025 Central Ave – College Park Ave 391 feet North of intersection
Hit SCE pole
Unsafe Starting or Backing
0 25-09543 12/22/2025 Benson Ave – Daniels St 1020 feet South of intersection
Hit SCE pole
Driving Under Influence
0 37921
38022

EXHIBIT A

DEPARTMENTAL

CONDITIONS OF APPROVAL
DATE: June 17, 2026
PROJECT FILE NO.: PL25-0067 (SA), PL25-0068 (Tentative Parcel Map No. 20794) LOCATION: Southwest corner of Riverside Drive and Magnolia Avenue (APN: 1020-111-01 and -02)
APPLICANT: Regent Land Company
The departments listed below have reviewed the above referenced application. Those departments marked with an “X” have required conditions of approval to be imposed on the project.

Development Services Department –
[X] Planning Division
[ ] ADA Accessibility Division
Public Works Department –
[X] Engineering Division
[ ] Traffic Division
[X] Chino Valley Independent Fire District
[ ] Police Department
[ ] Finance Department
[ ] Community Services, Parks & Recreation Department
38123
Modified 12/2020

DEVELOPMENT SERVICES DEPARTMENT

PLANNING DIVISION CONDITIONS OF APPROVAL
DATE: June 17, 2026
PROJECT FILE NO.: PL25-0067 (Site Approval), PL25-0068 (Tentative Parcel Map No. 20794)
LOCATION: Southwest corner of Riverside Drive and Magnolia Avenue (APN: 1020-111-01 and -02)
APPLICANT: Regent Land Company

1.0 TIME LIMITS:

1.1. The above-referenced Site Approval shall expire on June 17, 2027 if Building Permits are not obtained. The above-referenced Tentative Parcel Map shall expire on June 17, 2028, if the final map is not recorded. The expiration date may be extended upon written request by the applicant on a City application form. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.

2.0 GENERAL REQUIREMENTS:

2.1. Failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the Planning Commission.

2.2. The project shall proceed only in accordance with approved plans on file with the Development Services Department, the conditions contained herein and the Chino Municipal Code.

2.3. Approval of this request shall not waive compliance with all sections of the Chino Municipal Code, all applicable provisions of the Chino Municipal Code, other City ordinances, and applicable specific plans, except to the extent such requirements are superseded by the project’s vested rights pursuant to SB 330 (Housing Crisis Act of 2019) and applicable provisions of State Density Bonus Law

2.4. All conditions of approval shall be completed to the satisfaction of the Director of Development Services.
38224

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026

2.5. Pursuant to Government Code Section 66020, the applicant is informed that the 90-day period in which the applicant may protest the fees, dedications, reservation or other exaction imposed on this project through the conditions of approval has begun.

2.6. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force.

2.7. In the event that any condition imposing a fee, exaction, dedication, or other mitigation measure is challenged by the project sponsors and/or other parties in an action filed in a court of law, which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the applicable section of the entire project shall be reviewed by the City and substitute conditions may be imposed.

2.8. The applicant shall indemnify the City and its elected boards, commissions, officers, agents and employees and will hold and save them and each of them harmless from any and all actions, claims, liabilities, losses, damages, penalties, obligations and expenses, including but not limited to attorneys’ fees and costs, (collectively “claims”) against the City for any such claims and shall be responsible for any judgment arising therefrom. The City shall provide the applicant with notice of the pendency of such action and shall request that the applicant defend such action. The applicant may utilize the City Attorney’s office or use legal counsel of its choosing, but shall reimburse the City for any necessary legal cost incurred by City, including for the City’s required participation in defense of the claims. The applicant shall provide a deposit in the amount of 100% of the City’s estimate, in its sole and absolute discretion, of the cost of litigation, including the cost of any award of attorney’s fees, and shall make additional deposits as requested by City to keep the deposit at such level. If the applicant fails to provide or maintain the deposit, the City may abandon the action and the applicant shall pay all costs resulting therefrom and City shall have no liability to the applicant.

2.9. The City of Chino has an exclusive contract with Waste Management for all solid waste collection and hauling services within the City. The applicant shall be responsible for making arrangements with Waste Management for disposal of any/all construction debris or trash generated as a result of this permit. Waste Management can be reached at 1-800 423-9986.
38325

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026

2.10. Pursuant to Public Resources Code Section 21089 and Fish and Wildlife Code Section 711.4, the developer shall provide those fees marked [X] below in the form of a check made payable to the San Bernardino County Clerk of the Board of Supervisors. Project approval shall not be complete until the required fee(s) is (are) paid:
[ ] $50 for the Notice of Determination filing fee.
[x] $50 for the Notice of Exemption filing fee.
[ ] $2,548.00 for the California Department of Fish and Wildlife Mitigated Negative Declaration fee.
[ ] $3,539.25 for the California Department of Fish and Wildlife Environmental Impact Report fee.

3.0 PRIOR TO RECORDATION OF THE FINAL MAP:

3.1. Three copies of Covenants, Conditions, and Restrictions (CC&R's) for the subdivision shall be prepared in and submitted for review and approval by the Development Services Department, Planning and Engineering Divisions, and the City Attorney. The approved CC&Rs shall be recorded concurrently with the final map and a recorded copy submitted to the Director of Development Services. The following items shall be included in the final CC&Rs.

3.1.1. Reciprocal agreement to assure maintenance of all common areas, including landscaping, site access points and off-street parking areas, and to assure common ingress and egress between parcels.

The intent of the CC&R’s is to assure that the entire project is designed and maintained in a uniform and comprehensive manner.

3.2. A Homeowners Association (HOA) shall be formed for the maintenance of private facilities held in common ownership, such as project landscaping and maintenance, lanes, private parks, entries, community facilities and project lighting.

3.3. Special Affordable Housing Overlay Conditions:

3.3.1. As a condition for the approval of a density bonus and additional incentive or incentives, the applicant shall agree to enter into a density bonus agreement with the City in a form approved by the 38426

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026 City Attorney and consistent with the requirements of Government Code section 65915 and other applicable state law. The City Manager is authorized to execute the density bonus agreement on behalf of the City. The executed density bonus agreement shall be recorded on the parcel or parcels designated for the construction of qualifying units, or donated for the purpose of constructing qualifying units. The approval and recordation shall occur prior to final map approval. The density bonus agreement shall be binding upon all future owners and successors in interest.

3.3.2. Since the project is utilizing the Affordable Housing Overlay component, the applicant shall enter into an Affordable Housing Overlay agreement with the City in a form approved by the City Attorney. This agreement may be combined with the density bonus agreement in the discretion of the City Attorney.

3.3.3. All fees, including City Attorney fees, associated with drafting and negotiating the density bonus agreement and Affordable Housing Overlay agreement shall be paid by the developer.

4.0 PRIOR TO THE ISSUANCE OF A BUILDING AND/OR GRADING PERMIT:

4.1. The developer shall pay development impact fees at the established rate, pursuant to Government Code Section 66007, the applicant shall make payment of fees at the time of impact. Additionally, all applicable fees shall comply with the fee protections established under the Senate Bill No. 330.

Such fees may include, but not be limited to, new construction fee, park or open space fees, school fees, drainage fees, sewer fees, building permit and plan check fees

4.2. Comply with the City's "New Home Construction" Ordinance.

4.3. Revised plans, incorporating all conditions of approval, shall be submitted for review and approval by the Director of Development Services.

4.4. All plans shall be coordinated for consistency.

4.5. The developer shall submit one set of structural plans/construction documents. Said plans shall include one set of structural calculations, one set of Title 24 energy calculations, and one soils report. The developer shall also submit the above documents in digital format to the Building Division once approved prior to building permit.
38527

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026

4.6. A construction-phasing plan shall be submitted to and approved by the Deputy Director of Development Services prior to building permit issuance. This plan shall show which homes will be completed in which phases, and how each completed phase will be closed off from phases under construction so as to minimize conflict between construction vehicles, construction equipment, employees and residents, as applicable.

4.7. A construction management plan shall be submitted for review and approval by the Director of Development Services. The plan shall coordinate and address construction activities that may impact residents and/or surrounding businesses on site and in adjacent areas. Elements of the plan would contain, but not be limited to, the following:
a. Routing of construction equipment
b. Hours of operation
c. Dust control
d. Vector control
e. Vehicle, equipment, and personnel staging
f. Pre-construction meetings
g. Contractor/subcontractor acknowledgement, obligations, and penalties
h. Traffic control and coordination
i. Security and interim fencing
j. Signs posted on the site with a contact number for the job site construction manager and the City’s Code Enforcement Division.

Signs shall measure at least four feet by eight feet and shall be posted along every street frontage. The developer shall contact the City immediately upon any change in contact numbers.

4.8. A precise wall plan indicating the design, location and construction details of all walls and fences shall be submitted for review and approval by the Planning and Building Divisions. All perimeter and street-facing walls, including retaining walls, and pilasters shall be decorative in nature and shall comply with Chapter 20.10.080 of the Chino Municipal Code.

4.9. Prior to the issuance of any precise grading permit, detailed on-site landscaping and irrigation construction drawings along with a copy of the Planning Commission approved conceptual landscape plans and a copy of the conditions of approval shall be submitted for review and approval by the Director of Development Services. A grading permit will not be issued until the City’s outside plan checker has completed one review of detailed landscape and irrigation plans for the development. Payment of the Landscape & Irrigation Plan Review Fee shall be due at the time of submittal. Plans shall be prepared to comply with the City’s Water Efficient 38628

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026 Landscape Ordinance, adopted on October 6, 2015, Ordinance No. 2015-008, meet the requirements for a Landscape Documentation Package in accordance with Section 20.19.030 of the Landscape Ordinance, and shall bear the seal of a landscape architect registered with the state of California. If the site includes areas proposed to be placed within a City-maintained Landscape Maintenance District, plans shall be prepared on City of Chino, Engineering Division base sheets, and shall bear the seal of a landscape architect registered with the state of California. Original mylars shall be submitted to the City upon approval of plans by the City Engineer.

4.10. All ground-mounted utilities, including but not limited to cable television facilities, and telephone/fiber optic facilities, shall be undergrounded.

Equipment that that is not placed underground such as SCE transformers, backflow prevention devices, irrigation valves and controllers used for common landscape areas shall be placed in areas out of public view and sufficiently screened. The location and method of screening of said utilities shall be reflected in a plan and shall be subject to the review and approval by the Director of Development Services.

4.11. All electrical panels and cabinets shall be completely screened. All electrical panels and cabinets shall be fully enclosed and integrated into and architecturally compatible with the building to the satisfaction of the Director of Development Services. The locations of the electrical panels and cabinets shall be reflected on a site plan and elevation(s) to be reviewed and approved by the Director of Development Services.

4.12. Prior to the issuance of a building permit, the approved grading plans shall be attached to the construction plan set. The project shall be built according to the plans approved by the Planning Commission on June 17, 2026, as prepared by KTGY Architecture and Planning and C&V Consulting, Inc. Any substantial modification to the project shall require Planning Commission review and approval. If minor in nature, the modification may be reviewed and approved by the Development Services Director.

4.13. Upon submittal of construction drawings to the Building Division for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first sheet of the plans. A site plan shall also be attached to all sets of construction drawings. This condition shall be a minimum requirement for acceptance of construction drawings for the Building plan check review. 38729

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026

4.14. Mailboxes shall not interfere with free ingress or egress to the project site.

The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. The location and design of mailbox standards shall be indicated on the required landscape and irrigation plans. The design of the mailboxes shall be subject to the review and approval of the Director of Development Services.

4.15. Special Conditions:

4.15.1. A Water Quality Management Plan shall be prepared in accordance with County of San Bernardino requirements and submitted for review and approval by the City.

4.15.2. Approval of the conceptual landscape plan by the Planning Commission does not constitute final approval. The final landscape approval (during the plan check process and/or following installation) shall be subject to the review and approval of the City’s Landscape Architect Consultant and the Director of Development Services. The City Landscape Architect or Director of Development Services may require additional/fewer trees, shrubs, vines, and ground cover as necessary, based on final site conditions during the landscape plan check process or field review process in order to mitigate any site conditions that were not apparent during either the Planning Commission review or plan check review process provided such changes remain in substantial conformance with the approved conceptual landscape plan.

4.15.3. Along the project’s southern boundary adjacent to the existing single-family residences where landscape areas are available outside of the private yard spaces of each unit, the applicant shall install and maintain a continuous row of vertical landscape screening, consisting of Podocarpus or a comparable species of similar size. Plantings shall be spaced to form an effective visual screen and shall be capable of reaching a minimum height of ten (10) feet at maturity to provide adequate buffering. Final landscape design, including plant selection and spacing, shall be subject to the review and approval of the Director of Development Services.

4.15.4. Provide sufficient permanent landscape material at building entries and at garages, with particular emphasis on entries located between garage doors. Container or potted plants shall not be considered as meeting this requirement. All landscaping 38830

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026 shall be in substantial conformance with approved conceptual landscape plan.

4.15.5. The existing walls and fences along the project’s southern shared boundary shall be removed, subject to the consent of all affected property owner(s). If unanimous consent is not obtained and any portion of the existing wall remains resulting in a double wall condition, the developer shall provide a continuous, durable seal between the walls to prevent the accumulation of water, debris, and other materials. Additionally, the applicant shall provide mailed notice to adjacent residential property owners to the south and west at least 30 days prior to constructing any perimeter wall and submit a copy of the notice to the Development Services Department. If the wall is proposed to be constructed on the property line between the properties, that applicant shall obtain approval by the residential property owners, to the satisfaction of the Building Official.

4.15.6. A detailed on-site exterior lighting plan shall be submitted for review and approval by the Director of Community Development.

Plans shall be designed pursuant to Chino Municipal Code Section 20.10.090 (Outdoor Lighting) and shall indicate fixture design, illumination (photometric), location, height and method of shielding, so as not to adversely affect adjacent properties.

4.15.7. The applicant shall install light standards that shall be architecturally compatible with the exterior building design and color. Special consideration shall be given to the lighting along the south and west property boundaries to mitigate potential impacts to the adjacent residential properties, to the satisfaction of the Development Services Director.

4.15.8. Prior to building permit approval, the applicant shall prepare and submit a parking management plan to the Director of
Development Services for review and approval. The plan may include, but is not limited to provisions such as requiring homeowners to utilize garage parking, conducting inspections of garage spaces, issuing guest parking permits, and establishing enforcement measures, penalties, and towing procedures. Upon City Approval, the applicant shall incorporate the approved parking management plan into the CC&Rs.

4.15.9. The buildings with balconies that side onto the south property line shall be designed and constructed to prevent direct views into the 38931

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026 rear yards of adjacent residential properties. No balcony openings, doors, or guardrails shall face the south property line. A solid wall shall be provided along the south side of each balcony, subject to review and approval by the Director of Development Services.

5.0 PRIOR TO START OF CONSTRUCTION:

5.1. A pre-construction meeting, scheduled with the Building Division, shall be held with all applicable City staff members, developer, contractor, superintendent, and all subcontractors prior to start of construction.

5.2. The approved construction management plan shall be distributed to all contractors and subcontractors and shall be maintained on-site through the duration of construction.

5.3. The applicant is required to contact the West Valley Mosquito and Vector Control District to determine if an inspection or field survey of potential vectors and their ectoparasites is necessary. If the District so determines, an inspection or field survey shall be conducted by the District, at the applicant’s expense, prior to demolition or grading in order to protect the health of and reduce the risk of neighboring residents to vector-borne diseases. Based on the inspection or survey results, the applicant shall take appropriate vector control methods as recommended by the District.

6.0 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:

6.1. Detailed landscape and irrigation plans for the development shall be approved by the Director of Development Services. The fee for review of these plans by the City’s outside plan checker shall be paid by the developer, including the City’s Landscape & Irrigation Plan Review Fee.

6.2. All landscaping and irrigation shall be installed in accordance with plans on file with the Development Services Department, and irrigation systems fully operational. Furthermore, all landscaped areas shall be free of trash and debris.

6.3. A licensed landscape architect or contractor, or other licensed certified professional in a related field shall conduct a final field inspection and shall prepare a certificate of completion, which shall be filed with the Director of Development Services. The certificate of completion shall be prepared in accordance with Section 20.19.030.J of the Landscape Ordinance, and shall specifically indicate that plants were installed as specified by the landscape design plan, that the irrigation system was installed as specified 39032

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026 by the irrigation design plan, and that an irrigation audit has been performed. All landscape and irrigation audits shall be conducted by a landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

6.4. A landscape maintenance program for the entire project site shall be reviewed and approved by the Director of Development Services. The maintenance program shall include general landscape maintenance provisions for pruning, trimming, the replacement of any dead, decayed, or diseased vegetation, ongoing weed abatement, and replacement/repair of the irrigation system, when necessary. The landscape maintenance program shall be included with the contract with the landscape maintenance company to ensure they implement the maintenance program. In addition, the maintenance program should include provisions for periodic inspections to ensure the irrigation system is working properly, and all landscaping is being properly maintained.

6.5. To minimize damage to paved areas due to tree root growth, trees located within five (5) feet of any paved surface area shall be provided with root barriers unless it can be demonstrated, to the satisfaction of the Planning Division, that the root growth characteristics of the type of tree proposed does not warrant their installation.

6.6. A 6-foot-high decorative masonry block wall shall be constructed along the west and south perimeter of the tract and at all street side yards on the interior of the tract. Furthermore, decorative fencing and walls shall be installed along the front property line and around all private yard areas for each unit as defined by and in accordance with the project’s fence and wall plans with appropriate gates for rear yard access. All gates shall utilize decorative materials to tie in with the architecture of the adjacent unit and shall be steel-framed with a seal coat to protect against weather depreciation.

6.7. All residential units shall have Category 5e wiring or similar datatransfer/network wiring system installed throughout the unit, including the kitchen, bedrooms, and office/tech centers.

6.8. Prior to issuance of a certificate of occupancy for the final unit, any temporary sales and/or construction office buildings/trailers shall be removed from the site.

6.9. Air conditioning condenser units shall be shall be placed in areas out of public view or shall be sufficiently screened subject to the review and approval by the Director of Development Services..
39133

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026

6.10. In order to inform new homeowners of various impacts they may experience, the applicant is required to provide the following disclosure notices. Every homeowner shall sign these notices, acknowledging that they have reviewed and understand their contents, and copies of the signed notices shall be provided to the Planning Division prior to the issuance of a certificate of occupancy for each respective unit:

6.10.1. Notification of the existing land use, zoning and general plan land use designation for properties within 1,320 feet of the proposed subdivision shall be presented to all customers and future homeowners. The notice, as well as posting and signature requirements, shall conform to Sections 15.40.020 and 5.04.220 of the Chino Municipal Code.

7.0 ENVIRONMENTAL REQUIREMENTS & MITIGATION MEASURES:

7.1. A preconstruction survey shall be conducted no more than 72 hours prior to ground disturbance including clearing, grubbing or grading of the site to ensure that no burrowing owls are occupying the project area.

8.0 OTHER REQUIREMENTS:

8.1. All existing buildings or structures on the project site that are proposed to be demolished shall be removed or razed prior to issuance of a grading permit. The Director of Development Services may approve an extension of time to complete the demolition, based on evidence that the applicant has exercised reasonable progress.

8.2. The project site shall be cleared of all trash, debris, weeds, and other discarded items in compliance with CMC 8.50.040.

8.3. All signs, including subdivision and/or realty signs proposed for this development shall be designed to conform to the Sign Ordinance and shall require separate application and approval by the Planning and Building Divisions prior to installation.

8.4. All building drainage gutters, down spouts, vents, etc., located on the exterior walls shall be architecturally compatible with the exterior building design and color, to the satisfaction of the Director of Development Services, or shall be completely concealed from view.

8.5. Any revision to plotting and/or elevation changes for residential projects shall be subject to review and approval by the Director of Development 39234

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026 Services. If the proposed revisions are substantial, then the Director may require that the Planning Commission review and approve them. To ensure that the appropriate variation of units is maintained, the applicant shall, at a minimum, submit a revised colored site plan, a table identifying the revised unit count, and an exhibit showing the revised streetscene(s).

Additional information may be required depending on the nature of the changes.

8.6. The community open space area with play equipment shall be fully constructed prior to occupancy of any residential unit within Tract 20794.

A 30-day time extension may be permitted subject to approval by the Director of Development Services.

8.7. Special Conditions:

8.7.1. Special landscape features, such as raised planters, boulders, rockscapes, pavers and intensified landscaping, shall be provided where new local streets intersect with existing arterial or collector streets for the purpose of defining the neighborhood entry.

Furthermore, special landscape features shall be provided at Riverside Drive, in accordance with the landscape plans.

8.7.2. Stone, brick, and other masonry veneers, where used, shall be applied to within four inches of the finished grade.

8.8. Phased Projects:

8.8.1. All required street improvements and a minimum of 10 feet of landscaping on private property shall be installed in conjunction with the construction of Phase 1 of the proposed project. The landscaping within this area shall be included in the landscape maintenance program, which shall be provided pursuant to Condition No. 6.4.

8.8.2. Prior to the first occupancy permit, all undeveloped building pads shall be improved according to the following requirements:

8.8.2.1. For an undeveloped building pad located adjacent to the street or main drive aisle of the site, the area shall be landscaped with a planting scheme consisting of a lowmaintenance drought tolerant erosion control mix of Cucamonga brome (20 lbs /acre), tomcat clover
(4 lbs/acre and small fescue (8 lbs/acre) at a minimum of 85 percent PLS (pure live seed). The irrigation system
39335

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026 shall consist of low precipitation sprinkler heads and/or drip system. In addition, shrubs may be required to
provide screening from the street, if determined needed by the Director of Development Services. Said
treatment shall be incorporated into the required
landscape and irrigation plans, and the landscape
maintenance program, as required by Condition
No. 3.14.4.

8.8.2.2. For a larger phased area located on the interior of the site, a construction fence/green screen may be provided in lieu of the landscape treatment. The fence shall be
maintained in good condition at all times.

8.9. All new residential development shall comply with the mandatory measures contained in Chapter 4 of the California Green Building Code and the selected voluntary measure contained in Appendix A4 and identified in Section 15.45.030 (Residential Development) of the Chino Municipal Code.

8.10. Consistent with Section 15.45.050 (Model Homes) of the Chino Municipal Code, at least one model home/unit for each residential development shall offer and display energy-saving options and signage identifying standard and optional features that contribute to the overall efficiency of the home.

Handout materials shall be made available in the model home describing the optional features, including costs, benefits, energy savings, etc.

8.11. Per Section 15.45.070 of the Chino Municipal Code, demonstrate consistency with the Chino Climate Action Plan by implementing one of the following three options:
a) Exceed the mandatory California Energy Code Title 24, Part 6 standards in effect at the time of application submittal by 5%; or b) Achieve an equivalent reduction through voluntary measures in the California Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of application submittal; or
c) Provide other equivalent greenhouse gas (GHG) reductions through measures including but not limited to, non-vehicle transportation infrastructure, transit, ZEV (zero emission vehicle) infrastructure or other incentives, waste diversion, water conservation, tree planting, renewable energy option packages, or any combination of these or other measures such that GHG emissions are reduced by 0.74 MT CO2e per residential dwelling unit per year and/or per TSF of commercial/industrial use per year.
39436

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026 Applicants that choose Option a described above will be required to verify that their project meets the 5% improvement above the mandatory standards through the appropriate certificate of compliance form for residential construction (CF-1R) or for commercial/industrial construction (PERF-1C). Applicants that choose Options b or c described above will be required to utilize the GHG Performance Standard Checklist developed by the City, or provide other valid documentation, such as CalEEMod or other methodologies, as verified by the Director of Development Services to demonstrate the required GHG reductions consistent with the City's CAP.

9.0 CONSTRUCTION SITE SECRURITY:

9.1. Each site shall be completely encircled by a minimum 6’ tall securityquality chain link fence once precise grading has been completed or as determined by the Deputy Director of Development Services.

9.2. Tennis court or similar screening material shall be securely attached for the length of the fence, excluding gates and 10' on either side of gates.

9.3. Each site shall have only one entry/exit gate, or as approved by the Planning Division.

9.4. Gate hinge pins shall be spot-welded or altered in such a way as to prevent easy removal.

9.5. Each gate shall have a casehardened lock and chain, or other equivalent security hardware.

9.6. “No Trespassing” signs shall be attached to the exterior of the fence at a minimum distance of a third of a mile and at all entrances.

9.7. On or near the exterior of each gate will be a sign with the address of the site in no less than 6" letters. Both the number and street name will be listed on the sign. The address posted will be used for the entire site until the fence is removed and individual addresses assigned.

9.8. Office trailers and tool bins shall be placed adjacent to gates inside the property to allow observation from outside.

9.9. Lighting on trailers and bins is desirable but shall be directed into the property so as not to impede outside observation or endanger nearby traffic with glare.
39537

DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL
FILE NO.: PL25-0067 (SA) & PL25-0068 (TPM No. 20794) DATE: June 17, 2026

9.10. Tool bins shall be secured with casehardened locks, preferably with lock guards.

9.11. A sign stating that theft is not acceptable on the site and will be reported to the police, or wording to that effect, will be displayed prominently near each entrance.

9.12. Each site will have an assigned Crime Prevention Manager who is responsible for the following:
a. Providing his/her name and 24-hour telephone access number to the Chino Police Department.
b. Have available at all times the names and 24-hour contact numbers for all subcontractors.
c. Have the authority to speak for the development/owners on matters concerning trespassing and other criminal matters.
d. Complete routine fence inspections and arrange for prompt repairs or removal of any damage, graffiti, or loose screening. e. Ensure that no work or maintenance of construction equipment is being performed on the site between 8 p.m. and 7 a.m.
f. Ensure that all above security requirements are complied with, and that all security hardware, fencing, and lighting are maintained in working order.
g. Ensure that thefts are immediately reported to the police department and that reasonable steps are taken, if evident, to prevent future similar incidents.
39638

PUBLIC WORKS CONDITIONS OF APPROVAL
Reviewed/Approved By: AE/JP Date: 5/11/2026
Template Rev. 11/4/2025
TRACT MAP NO. 20794
DATE: May 11, 2026 PC MEETING DATE: June 17, 2026
PROJECT DESCRIPTION: 100 townhome development on 3.96 acres (SB-330) PROJECT LOCATION: SW corner of Riverside Dr and Magnolia Ave APPLICANT: Regent Land Company PROJECT ENGINEER: Daniel Aguirre

PRIOR TO THE FOUR MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF

APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE PUBLIC WORKS DIRECTOR SHALL HAVE THE

AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.

1.0 PRIOR TO MAP RECORDATION:

1.1 Provide a preliminary Title Report no older than 60 days.

1.2 Submit a soils/geology report in accordance with Appendix J of the California Building Code, latest edition to the project engineer for review and approval.

1.3 Dedicate to the City a 26-foot-wide easement for all proposed private drives for fire lane and public and private utility access purposes.

1.3a Dedicate to the City an easement for the 8-inch water meter located on Magnolia Ave.

1.3b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

1.4 Provide a set of proposed Covenants, Conditions and Restrictions (CC&R) for review and approval.

The proposed CC&Rs shall contain the Association’s/Owner’s maintenance obligations with respect to various facilities including, but not limited to, right-of-way landscaping, private streets, sidewalks, utilities, streetlights, and Water Quality Management Plan (WQMP) features. This document must be submitted to and approved by the City before it is submitted to any other governmental entity.

1.5 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.8. All security must be accessible to the City at any time and in a form acceptable to the City Engineer, pursuant to Government Code, Section 66499.

1.6 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1.7 Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002-1, which shall not be unreasonably denied.

1.8 Submit a list of proposed street names for the interior streets to the Street Naming Committee for name(s) selection.
39739
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1.9 Comply with all applicable requirements of the City Municipal Code, except as otherwise provided by vested rights pursuant to California Government Code Section 65589.5 (Senate Bill 330), based on a qualifying preliminary application submitted on May 29, 2025.

1.10 Provide a Pedestrian Accessibility Plan that labels and indicates the path location and conceptual design of the following structures and facilities:
a. Sidewalks and walks (public right of way sidewalk, walks within the development); b. Curb ramps (should be directional with one curb ramp provided for each pedestrian crossing and shall comply with the City’s Policy on Accessible Pedestrian Facilities); c. Pedestrian crossings at driveways;
d. Crosswalks (marked, unmarked, signalized); and
e. Path of travel from right-of-way to recreation facilities (parks, restroom, etc.)

1.11 The Pedestrian Accessibility Plan requested in 1.10 should clearly indicate structures that are proposed with this site and future per other phases and/or site plans. Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in the City’s Policy on Accessible Pedestrian Facilities, the current edition of the CBC in effect at the time of building permit issuance or, if no permit, the date construction commences, and Part 36 of Title 28 of the Americans with Disabilities Act (ADA) regulations, which include the 2010 ADA Standards.

1.12 Existing pedestrian facilities on the frontage of the development, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities, created by, extended from, or connected to any required or provided sidewalks improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and other associated pedestrian facilities. a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. sidewalks/walks
ii. curb ramps at the SW and SE corners of Riverside Dr and Magnolia Ave iii. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering space, clear space)
iv. driveway approaches crossings
b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
c. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations, dimensions and slopes of maneuvering spaces and landings, width of sidewalk, clear width and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remediated and brought up to accessibility standards as part of the project.

1.13 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.
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2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

2.1 Record Tract Map No. 20794 pursuant to the Subdivision Map Act and in accordance with the City Municipal Code prior to issuance of building permits for residential structures. Construction permits for grading activities, on-site utility installation, public improvements, and model home construction may be issued prior to recordation of the final tract map, subject to approval of applicable plans and execution of a subdivision improvement agreement and associated securities. Provide a duplicate photo Mylar of the recorded map to the City Engineer’s office.

2.2 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch x 8 1/2-inch standard format.

2.3 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures.

2.4 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.

2.5 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.

2.6 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following:
39941
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Street Names
Riverside
Dr.
(1)
Magnolia
Ave.
(1)
Curb & Gutter (Offset from Centerline)
(2) X (40’) X (22’)
Sidewalk (Width)
(3) X (5’) X (5’)
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)
(4) X (32’) X (19’)
Asphalt Concrete Overlay (5) X X
Street Lights (6) X X
Median Island and Landscaping
Parkway Landscaping (7) X X
Striping and Traffic Controls (8) X X
Traffic Signal Plans (9) X X
Conduit System for CATV
Sewer (10) X
Storm Drain
Domestic Water (11) X
Recycled Water
Fire Hydrants as required by CVIFD (12) X X
Driveway (13) X
(1) The public improvements listed shall be made as specified in our municipal code and per the City of Chino’s General Plan. All required street improvements shall follow the new City standard for street trenching backfill and repair. Repair all damage to existing public improvements due to the proposed construction activities and as requested by the Public Works Inspector. (2) Repair and replace all damaged, or deficient curb and gutter along the entire project frontage in accordance with current City standards and specifications. (3) The existing sidewalk along Riverside Dr and Magnolia Ave shall be removed and replaced with ROW adjacent sidewalk. ADA ramps at the southwest and southeast corners of Riverside Dr and Magnolia Ave shall be reconstructed to meet current ADA standards. Also, see COA 1.12. (4) Full pavement rehabilitation to include a 1-foot width section adjacent to the existing street gutter, along the entire project frontage on Riverside Dr and Magnolia Ave. The crosswalk connecting the southwest and southeast corners may also be required to be reconstructed to meet current ADA standards. Also, see COA 1.12.
(5) Grind and overlay a minimum of two (2) inches of the existing asphalt pavement along the project frontage in accordance with City of Chino standards. The limits of work shall extend to the street centerline along Magnolia Ave and across the full width of the two lanes adjacent to the project along Riverside Dr. Based on the existing road conditions, additional pavement rehabilitation may be required as directed by City staff.
(6) Streetlights shall be installed per City of Chino standards and shall utilize an unmetered service pedestal. (7) The parkway maintenance shall be the responsibility of the property owner. (8) Extent of the signing & striping plan shall be dictated by the City Traffic Engineer based on area of disturbance.
(9) A traffic signal modification plan for the Riverside Dr and Magnolia Ave traffic signals may be required, subject to the design and configuration of the proposed ADA ramps. Also, see COA 2.17. (10) Sewer connection shall be made to the existing sewer mainline in Magnolia Ave. Public sewer mains shall be located only within public streets; otherwise, sewer mains shall be private. Abandon unused sewer service(s) where applicable, per City standards.
(11) Water connections shall be made to the existing water mainline in Magnolia Ave. Provide new water meters and services and abandon unused water meters and services where applicable, per City standards.
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(12) All new and existing fire hydrants, that require relocation, will need to be upgraded to the latest model per City of Chino standards.
(13) All proposed driveway approaches shall be constructed per City Std. No. 240 with 5-ft sidewalks.

Minimum radii per City and Chino Valley Independent Fire District (CVIFD) requirements.

2.7 All improvements shall comply with federal, state, and local accessibility regulations and standards. a. The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. b. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition shall apply.
c. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.

Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with the City's Policy on Accessible Pedestrian Facilities, accessibility standards in the CBC, and ADA regulations at Part 36 of Title 28, which include the 2010 (ADA) Standards.

Accessibility of existing and proposed building improvements will be evaluated by the City’s building department. Those comments and requests are in addition to those provided herein.

2.8 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32. The applicant shall provide documentation, in the form of e-mail correspondence or formal letters, demonstrating coordination with all applicable utility providers.

2.9 Pay all applicable fees pursuant to the City Municipal Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City shall be based on the fee schedule in effect on the date the fees are due or paid, whichever occurs last.

Notwithstanding the above, the Project is subject to vested rights pursuant to California Government Code Section 65589.5 (Senate Bill 330), based on a qualifying preliminary application submitted on May 29, 2025. Accordingly, the applicable fees shall be those in effect at the time such vesting rights were established, consistent with State law.

The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation pursuant to Chino Municipal Code Chapters 3.40.100 or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City, except as otherwise required by applicable vesting laws. Developer is solely responsible for remaining informed of changes in fee amounts. The City shall have no obligation to inform Developer of such changes unless Developer requests notice pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapters 3.40.080(B) or 3.45.080(B).

2.10 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger’s Identification Number (WDID), 40143
TRACT MAP NO. Error!
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issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml

2.11 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036, NPDES Permit No. CAS618036, prepare a project-specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document and include the Trash Order Implementation Plan requirements.

2.12 Any future maintenance and repair of sewer laterals, except for the portion of lateral located within the public right-of-way or public easement, and domestic water or fire service laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.

2.13 Potable water to be used for grading operations, dust control activities, and common area/public landscape irrigation.

2.14 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.

2.15 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.

2.16 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans, and City redlines of previous submittals. Include AutoCAD and Esri GIS shape files as an e-transmitted zip file of all approved improvement plans.

2.17 If required, the Developer shall be responsible for the modification or relocation of the traffic signal at Riverside Dr and Magnolia Ave, subject to the design and configuration of the proposed ADA ramps. During construction, the developer shall be responsible for any damages attributed to the construction of related public improvements and shall coordinate with the Transportation Division and the City’s designated traffic signal maintenance company for technical support of the traffic signal during construction until such time as the improvements are accepted by the City to the satisfaction of the City Engineer.

2.18 Comply with all requirements of the Traffic Impact Analysis (TIA) dated November 26, 2025 including participation in fair share contributions and construction of required improvements.

2.19 (I) Annex into the current services special tax community facilities district of the City (the “City Services CFD”) through the submission of an application to the City’s Finance Department along with the payment of $11,000.00 plus the per parcel fee, for the City’s outside costs of the annexation process, or (II) form a new City community facilities district with a services special tax component commensurate with the City Services CFD, or (III) provide a lump sum payment to the City which, based on current interest rate conditions, is projected to finance in perpetuity the same services projected to be provided through annexation into the City Services CFD. Upon completion of the annexation, an annual special tax will be assessed on the property tax bill to each Assessor 40244
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Parcel at an established rate set by the City Services CFD document entitled “Rate and Method of Apportionment” available for review in the CFD Annual Report located at:
https://www.cityofchino.org/222/Community-Facilities-District-Mello-Roos This annual tax is used to fund Police, Fire and other municipal services provided to residents and businesses in the general City.

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

3.1 Construct and secure Public Works Department approval of all public facilities enumerated under Section 2.6 above (per Resolution No. 88-23).

3.2 Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Municipal Code, Chapter 13.32.

3.3 Distribute for signature of all buyers, the information and disclosure notice announcing that the development will be annexed to the City's Landscape and Street Lighting Maintenance Assessment District before transfer of property title and completion and acceptance of all public improvements.

3.4 The applicant’s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval.

3.5 Rehabilitate all street pavement impacted by utility trench repairs as directed by City staff. Install signing and striping per approved plans.

3.6 Pay all remaining applicable fees pursuant to City Municipal Code.

4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

4.1 Complete all Conditions of Approval listed under Sections 1-3 above.

4.2 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.

4.3 Coordinate with the City and Southern California Edison (SCE) to transfer all applicable streetlight electrical service accounts to the City.

4.4 Submit to the City, electronic files of Tract/Parcel Map and “as-built” improvement plans in AUTOCAD, Esri GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.
40345
Rev. 6/6/23

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION
TRACT MAP NO. 20794
PROJECT ENGINEER: Daniel Aguirre
DATE: 5/11/2026

A COPY OF THIS CHECK LIST MUST BE PROVIDED ALONG WITH A COMPLETED PLAN CHECK REVIEW APPLICATION TO THE

ENGINEERING TECHNICIAN WHEN MAKING AN APPOINTMENT FOR FIRST PLAN CHECK SUBMITTAL Copy of Development Engineering Division Conditions of Approval Plan Check Fee Calculation Form
Maps (Subdivision Only)
Preliminary Title Report (no older than six months) (Subdivision Only) Closure Calculations (Subdivision Only)
Referenced Maps (Subdivision Only)
Preliminary Soils Report (no older than sixty days)
Lot line adjustment certificate
Easement Deeds
Right-of-way dedication
Rough Grading Plans
Precise Grading Plans
Storm Drain Plans (may be included as sheets within the Precise Grading Plan Set) Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp Street Improvements Plans
Copies of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
Sewer Plans (Delta revision for proposed connections)
Domestic Water Plans (Delta revision for proposed connections) Recycled Water Plans
Street Light Plans including a Photometric Diagram
Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) Signing and Striping Plans
Traffic Signal Interconnect Plans
Traffic Signal Plans
Water Quality Management Plan
1 40446
Special Districts Leadership Foundation - District of Distinction Since 2008 April 21, 2026
It is a recommendation of the Fire District that the developer of every new construction project facilitate a preconstruction meeting. The meeting is to be scheduled with the Fire District Inspector for said project.

The following are the conditions of the above referenced permit/project. All conditions shall be adhered to, failure to comply with said conditions may result in the revocation of said permit and/or punitive fines as outlined in the Fire District fee schedule.

We look forward to a cooperative working relationship throughout the project. Should you have any questions regarding the project, including the conditions as set forth herein, please feel free to contact our office at (909) 902-5280.

1.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO RECORDATION:

1.1 Fire access roads shall be designed and plans submitted to the Fire District for approval.

Fire access roads shall be constructed of an all-weather hard surface, such as, asphalt or concrete, and be a minimum unobstructed width of 26 feet. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. The road grade shall not exceed twelve percent (12%) maximum. An approved turn around shall be provided at the end of each roadway in excess of 150 feet in length.

Chino Valley Fire District
14011 City Center Drive
Chino Hills, CA 91709
(909) 902-5260 Administration
(909) 902-5250 Fax
Chinovalleyfire.org
2025-00000261
Fire Protection Requirements

REGENT LAND COMPNAY
1968 SOUTH COAST HIGHWAY STE 3043,
LAGUNA BEACH, CA - California 92651
Project Name: DRC25-0003 PL25-0067 (SA),
PL25-0068 (TTM)
Project Address: SW CORNER OF
RIVERSIDE & MAGNOLIA, Chino CA 91710

Board of Directors
Mike Kreeger
President
Tom Haughey
Vice President
Harvey Luth
Sarah RamosEvinger
Andrew Romaine
Fire Chief
Dave Williams
40547
Special Districts Leadership Foundation - District of Distinction Since 2008 Aerial access shall be provided for any buildings 30’ ft. and higher per 2025 CFC.

Appendix D. A 26’ ft. wide access road shall be a minimum of 15’ ft. to the building and a maximum of 30’ ft. from the building. Access roads shall comply with Fire District Standard No. 111.

1.2 Water systems shall be designed to meet the required fire flow of this development and be approved by the Community Risk Reduction Division. Buildings in excess of 100,000 square feet shall have a minimum of two (2) connections to a public main. The developer shall furnish the Community Risk Reduction Division with three (3) copies of the water system working plans done by the installing contractor for approval, along with the Fire Flow Availability Form completed by the water purveyor prior to recordation. The required fire flow shall be determined by using the California Fire Code, current adopted edition. For all private systems, the water systems shall comply with Fire District Standard Nos. 101, 102, and 103. In areas without water-serving utilities, fire protection water systems shall be based on NFPA Pamphlet 1231. For water connections and work conducted in the public right of way, please refer to separate plans reviewed and approved by the water purveyor.

1.3 Fire hydrants shall be six-inch (6") diameter with a minimum one four-inch (4") and one two and one-half inch (2-1/2") connections. All fire hydrants shall be spaced a maximum of six hundred feet (600') apart. Private water systems shall comply with Fire District Standard Nos. 101, 102, and 114. All hydrants shall be installed with pavement markers to identify their locations.

1.4 Access drives which cross property lines shall be provided with CC & R's, access easements or reciprocating agreements and shall be recorded on the titles of affected properties. Copies of the recorded documents shall be provided at the time of Fire District plan review.

1.5 Underground fire mains which cross property lines shall be provided with CC & R's, easements, or reciprocating agreements addressing the use and maintenance of the mains and hydrants and shall be recorded on the titles of affected properties. Copies of the recorded documents shall be provided at the time of Fire District plan review.

2.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMIT:

2.1 Fire access roads shall be constructed and approved by the Community Risk Reduction Division prior to combustibles being brought onto the site.

2.2 Approved street signs shall be installed prior to issuance of building permits, as well as a job site address.

2.3 Fire Protection water systems shall be tested, operational, and approved by the Community Risk Reduction Division prior to combustible materials being brought to the site.

2.4 All flammable vegetation shall be removed from each building site for a minimum distance of thirty feet (30') from any flammable building material including all structures. 40648
Special Districts Leadership Foundation - District of Distinction Since 2008

2.5 A detailed site plan of the development is required to be submitted in electronic (pdf.) format. The plan must show and be limited to: locations of property lines, buildings, and equipment and hazards for emergency response purposes. Please refer to Fire District Standard No. 143. Additional or revised files may be required during construction and/or prior to final signoff.

2.6 The Developer shall submit, as an electronic file, a drawing of the new streets in pdf format to the Fire District with the building construction plans. Format must contain and be restricted to the following layers: A. Right of way; B. Parcel Lines; C. Street Names; D. Address numbers; E. Fire Hydrants. Additional or revised files may be required during construction and/or prior to final signoff.

3.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO OCCUPANCY:

3.1 A residential "life safety" fire sprinkler system is required. The developer shall submit an electronic/PDF set of detailed plans and hydraulic calculations to the Community Risk Reduction Division for approval. The system shall be installed, tested and approved prior to occupancy. The system shall meet the standards of NFPA 13R or 13D and Fire District Standard No.126. Dwellings in excess of 5,000 square feet shall provide calculations of the (4) four most remote sprinkler heads. For NFPA 13R systems, the contractor is required to submit a report to The Compliance Engine (TCE).

3.2 Smoke and Carbon Monoxide alarms are required to be installed per Section 310 of the California Building Code, current adopted edition. Locations shall be in accordance with code requirements.

3.3 "No Parking - Fire Lane" signs shall be installed in interior access drives at locations designated by the Community Risk Reduction Division. Curbs shall be painted red at locations designated by the Community Risk Reduction Division. Please refer to Fire District Standard No. 121.

3.4 Residential street addresses shall be posted with a minimum of four inch (4") numbers, shall be electrically illuminated (by 12-volt power source only) by internal means during the hours of darkness. Posted numbers shall contrast with the background used and be legible from the street in accordance with the California Fire Code, current adopted edition. Where building is set back more than 100 feet from the roadway, additional nonilluminated four inch (4") numbers shall be displayed at the property access entrance.

These numbers shall also contrast with the background used. Please refer to Fire District Standard No. 122.

3.5 An electronic/PDF set of plans shall be submitted separately for each of the following listed items to the Fire District for review, approval and permit prior to any installation or work being done. Approved plans must be maintained at the worksite during construction. Fees 40749
Special Districts Leadership Foundation - District of Distinction Since 2008 are due at the time of submittal.

a) Building Construction, includes tenant improvement work b) Private (onsite) Underground Fire Protection Water Systems, if applicable c) Fire Sprinkler Systems, designed by C16 contractor or registered engineer Applicable Standards:
101, 102, 103, 111, 122, 126
CVFD Standards available online at http://www.chinovalleyfire.org 40850

www.coxcastle.com Los Angeles | Orange County | San Francisco Cox, Castle & Nicholson LLP
50 California Street, Suite 3200
San Francisco, California 94111-4710
P: 415.262.5100 F: 415.262.5199
Linda C. Klein
415.262.5130
[email protected]
August 21, 2026

VIA E-MAIL
City Council
City of Chino
City Hall, 13220 Central Ave.

Chino, CA 91710
Email: [email protected]
Re: 6033 and 6041 Riverside Drive: Data Supporting Applicant’s Request for the Utility Line Concession
Mayor and Councilmembers:

Regent Land Company (the “Applicant”) has appealed the Planning Commission’s denial of its requested concession under the State Density Bonus Law (“SDB”) for the housing development project (the “Project”) to be located at 6033 and 6041 Riverside Drive (“Property”) in the City of Chino (“City”). The concession at issue (the “Utility Line Concession”) allows the existing overhead utility lines to remain above ground.

Under State Density Bonus Law (“SDBL”) a City can deny a concession only if makes a written finding, based upon substantial evidence, of any of the following:
 The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).  The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.  The concession or incentive would be contrary to state or federal law. (Gov. Code, § 65915, subd. (d)(1).) The Planning Commission did not dispute that the Utility Line Concession results in identifiable and actual cost reductions or that it was consistent with state and federal law.

The Planning Commission, without substantial evidence, however:
409

Page 2 ends

determined that undergrounding utilities is necessary to protect public health, safety, and welfare by reducing risks to life and property during emergencies such as earthquakes, fires, and severe weather events, reducing hazards associated with downed or damaged utility lines, and maintaining safe visibility and access within the public right-of-way for pedestrians, motorists, and emergency responders. The Planning Commission further finds that the undergrounding requirement constitutes a fundamental public safety standard rather than a discretionary or primarily aesthetic requirement.
(Planning Commission Resolution No. PC2026-004, ¶ 3.) The Planning Commission relied on “the legislative findings contained in Chapter 13.32” to determine that the Utility Line Concession “would potentially create specific adverse impacts on public health and safety that cannot be mitigated without requiring compliance with the undergrounding requirement.” (Id.) The Planning Commission did not find that the Utility Line Concession would have (as opposed to “potentially create”) a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety. Section 65589.5 defines a “specific, adverse impact” as “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” The legislative findings in Chapter 13.32 are not specific to the Project, nor do they quantify any impacts. Also “[i]nconsistency with the zoning ordinance or general plan land use designation” is not a “specific, adverse impact.” (Gov. Code, § 65589.5, subd. (d)(2)(A).) Additionally, issues that constitute “specific, adverse impacts” by definition “arise infrequently.” (Id., subd. (a)(3).) Utility poles and lines are ubiquitous—not infrequent.

Even though it was the City’s burden to provide the substantial evidence needed to support its denial of the concession, the Applicant commissioned qualified professionals to analyze whether the Utility Line Concession would create a “specific, adverse impact” upon public health and safety. Those assessments are attached to this letter, consisting of (i) a Traffic Safety Assessment (Attachment A), (ii) Fire Code Analysis (Attachment B), and (iii) Engineering Assessment of the Utility Lines (Attachment C).

Each of the three attached reports provides substantial evidence that the Utility Line Concession does NOT result in a significant, adverse impact. The Traffic Safety Assessment concludes that the poles and lines result in no traffic safety concerns. The Fire Code Analysis concludes that the poles and lines are not a fire danger, and the Engineering Assessment found nothing unsafe about the poles and lines. The City Council must consider this substantial evidence when evaluating the Applicant’s appeal.
* * *
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Please let me or the Applicant know if you have any questions regarding the legal requirements for SDBL concessions or the information in the attached technical reports. We would be happy to answer any question, and look forward to your informed, considered deliberation of the Applicant’s appeal.

Sincerely,
Linda C. Klein
Encl.:

Attachment A: Dudek, Riverside Drive & Magnolia Avenue Residential Project: Traffic Safety Assessment (August 17, 2026).

Attachment B: Dudek, Riverside/Magnolia Warmington Residential Power Pole Fire Code Analysis (August 13, 2026).

Attachment C: Dudek, Magnolia Power Pole Design and Engineering Assessment (August 18, 2026).
cc: Brian Taylor
Joe Oftelie
Fred Galante
411

ATTACHMENT A
412
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MEMORANDUM
To: Joe Oftelie, President, Warmington Residential
From: Lisa Valdez, Senior Transportation Planner
Michael Rowe, PE, Engineering Project Manager
Subject: Riverside Drive & Magnolia Avenue Residential Project: Traffic Safety Assessment Date: August 17, 2026
Cc: Austin Ott, Dudek
Attachments Figures 1 – 2
Attachment A – TIMS Collision Data
Attachment B – Chino Collison Summary Report: SCE Pole Damaged This memorandum provides a safety assessment for the proposed Riverside Drive & Magnolia Avenue Residential Project (Project) located at 6033 and 6041 Riverside Drive in the City of Chino (City). The assessment includes a description of the existing road conditions in the vicinity of the site, an analysis of the collision history near the Project’s frontages along Magnolia Avenue and Riverside Drive, and a summary of the traffic impact analysis (TIA) findings for the Project based on information from the Chino 4 Traffic Impact Analysis (November 26, 2025) and the Chino 4 Traffic Impact Analysis Supplemental Memorandum (April 3, 2026), both documents prepared by TJW Engineering, Inc. The purpose of the assessment is to evaluate whether the addition of Project traffic would increase the likelihood of collisions associated with the existing Southern California Edison (SCE) power poles along Magnolia Avenue and Riverside Drive.
1 Project Overview
Warmington Residential proposes to develop 100 residential dwelling units to be located on a five-acre site on the southwest corner of Magnolia Avenue and Riverside Drive. The Project vicinity map is presented as Figure 1 and the Project site plan is presented as Figure 2.

The Project site is vacant with the exception of two single-family homes, which will be demolished as part of the Project. Ten of the proposed 100 attached residential units are proposed to be moderate income housing units. A full access driveway is proposed on Magnolia Avenue, approximately 120 feet south of the intersection of Magnolia Avenue/Riverside Drive. The driveway is proposed to be 26 feet wide per City requirements. No vehicular access will be provided on Riverside Drive, and the project frontages will be improved with 5-foot-wide sidewalks and parkways (10 feet wide along Riverside Drive and 6 feet wide along Magnolia Avenue) separating vehicles and pedestrians. There would be no power poles along the new sidewalks on either street. The poles would be located in the parkways and therefore would not obstruct visibility for pedestrians. All site access improvements required as part of the Project, whether located on- or off site, would be designed and constructed in accordance with all applicable local standards and practices.
413

MEMORANDUM
SUBJECT: RIVERSIDE DRIVE AND MAGNOLIA AVENUE RESIDENTIAL PROJECT SAFETY ASSESSMENT 2 AUGUST 2026
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2 Existing Conditions
This section presents the existing characteristics of Magnolia Avenue and Riverside Drive and provides a summary of collision data for these roadways.

2.1 Study Roadways
Magnolia Avenue is a two-lane north-south undivided road. It is classified as an Urban Residential Collector in the City of Chino General Plan and has a posted speed limit of 35 miles per hour (mph). Sidewalks are provided on both sides of the road and SCE power poles are located along the sidewalks on the west side of the road. The segment of Magnolia Avenue near the Project site is straight with no vertical or horizontal curves. Parking is allowed on the west side of the road and along some segments of the east side of the road near the Project site. Magnolia Avenue carries 1,106 average daily trips (ADT) north of Riverside Drive and 2,240 ADT south of Riverside Drive (AimTD 2024). Based on the City’s Bicycle and Pedestrian Master Plan a Class III bicycle route (signed route only, no striping) is planned on Magnolia Avenue along the Project frontage. Existing sidewalks and bicycle facilities will be preserved (sidewalks will be improved with parkways separating pedestrians from vehicles) with the Project, thus accommodating the planned Class III bicycle facility on Magnolia Avenue.

Riverside Drive is a four-lane east-west
divided road. It is classified as a
Primary Arterial Collector in the City’s
General Plan and has a posted speed
limit of 35 to 45 mph. Sidewalks are
provided on both sides of the road and
SCE power poles are located along the
sidewalks on the south side of the
road. The segment of Riverside Drive
near the Project site is straight with no
vertical or horizontal curves. Parking is
prohibited on both sides of the road
near the Project site. Riverside Drive
carries 9,160 ADT east of Magnolia
Avenue and 10,040 ADT west of
Magnolia Avenue (AimTD 2024).

Based on the City’s Bicycle and
Pedestrian Master Plan a Class II bicycle lane (on-street striped lane) is planned on Riverside Drive between Central Avenue and Oaks Avenue, which does not pass the Project frontage.

2.2 Collision Data
Collisions from the last five years of available data (2021–2025) were collected and analyzed using the Transportation Injury Mapping System (TIMS) which aggregates collision data from the California Statewide Integrated Traffic Records System (SWITRS). Attachment A contains the collision history data from TIMS.

Existing power poles on the south side of Riverside Drive 414

MEMORANDUM
SUBJECT: RIVERSIDE DRIVE AND MAGNOLIA AVENUE RESIDENTIAL PROJECT SAFETY ASSESSMENT 3 AUGUST 2026
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Magnolia Avenue
Table 1 summarizes the collision history for an approximately one-mile segment of Magnolia Avenue, between Walnut Avenue and Chino Avenue. A total of 13 collisions were recorded in the last five years, averaging approximately 3 collisions per year.

During this period, there were 6 minor injury crashes and 7 fender benders/non-serious injury crashes. There were no fatal crashes or severe injury crashes. Out of the 13 accidents, none were with a “fixed object” (e.g., power pole, street light, tree, etc.). Approximately 85% of the crashes were with another motor vehicle.

Table 1. Magnolia Avenue Collision Summary (2021- 2025) Collisions Per Year Collisions by Type Collisions by Severity Year No. Type of Collision No. Severity of Collision No. 2021 2 Other Motor Vehicle 11 Fatal injury 0
2022 1 Parked Motor Vehicle 1 Suspected serious injury or severe injury 0 2023 2 Bicycle 1 Minor or Visible injury 6
2024 5 Pedestrian 0 Possible injury or complaint of pain 7 2025 3 Fixed Object 0
Source: UC Berkely, TIMS, 2025
Riverside Drive
Table 2 summarizes the collision history for an approximately one-mile segment of Riverside Drive, between 10th Avenue and Mountain Avenue. A total of 60 collisions were recorded in the last five years, averaging approximately 12 collisions per year. During this period, there were no fatal crashes, 5 severe injury crashes, 32 minor injury crashes, and 24 fender benders/non-serious injury crashes. Out of the 60 accidents, one was with a “fixed object”.

Approximately 87% of the crashes were with another motor vehicle.

Table 2. Riverside Drive Collision Summary (2021- 2025) Collisions Per Year Collisions by Type Collisions by Severity Year No. Type of Collision No. Severity of Collision No. 2021 11 Other Motor Vehicle 52 Fatal injury 0
2022 11 Parked Motor Vehicle 0 Suspected serious injury or severe injury 5 2023 15 Bicycle 4 Minor or Visible injury 32
2024 14 Pedestrian 3 Possible injury or complaint of pain 23 2025 9 Fixed Object 1
Source: UC Berkely, TIMS, 2025
Because this analysis focuses on the safety implications associated with the existing power poles, the collision involving a fixed object was reviewed further. As shown in Table 3, the collision was attributed to unsafe speed, with alcohol identified as a contributing factor. In addition, the Riverside Drive segment where the collision occurred has a narrower outside lane, with power poles located closer to the travel lane and no buffer area. By comparison, at the Project site, Riverside Drive has a substantially wider outside lane, and the power poles are separated from the travel lane by a sidewalk.
415

MEMORANDUM
SUBJECT: RIVERSIDE DRIVE AND MAGNOLIA AVENUE RESIDENTIAL PROJECT SAFETY ASSESSMENT 4 AUGUST 2026
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Table 3. Riverside Drive “Fixed Object” Collisions (2021- 2025) Year Location Crash Type Crash Severity Direction Reason Conditions 2021 None
2022 Riverside Dr. &
13th St.

Fixed Object Severe injury Eastbound Unsafe speed;
Alcohol Daylight; clear
2023 None
2024 None
2025 None
Source: UC Berkely, TIMS, 2025
Based on the collision history summarized above, the existing power pole locations along Magnolia Avenue and Riverside Drive do not appear to be associated with a documented fixed-object collision pattern or roadway safety deficiency, and an increase in traffic volumes on either study segment would not alter this conclusion. As discussed in Section 4, the project-added traffic would not introduce operational changes such as new congestion, queuing, or restricted sight distance that would change the baseline conditions. Because there would be no operational or physical changes to the roadways, there be no would increase in the likelihood of vehicles hitting the poles.

2.3 SCE Power Pole Damaged Report
The Chino Collision Summary Report for damaged SCE poles was also reviewed to verify whether any collisions involving power poles occurred on Magnolia Avenue or Riverside Drive. The report, provided as Attachment B, summarizes the locations and number of power poles damaged in vehicular accidents during the last five years (2021–2025). The report identified no collisions involving power poles on Magnolia Avenue or Riverside Drive.

A total of 23 accidents were reported citywide. Of these, 35% were attributed to improper turning, 26% to driving under the influence, and 13% to unsafe speed. Other contributing factors included unsafe lane changes and unsafe backing. These contributing factors indicate that the reported accidents were generally associated with driver behavior, such as impaired driving, speeding, or improper maneuvers, rather than safety issues inherent to the power poles themselves.
416

MEMORANDUM
SUBJECT: RIVERSIDE DRIVE AND MAGNOLIA AVENUE RESIDENTIAL PROJECT SAFETY ASSESSMENT 5 AUGUST 2026
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3 City of Chino Local Roadway Safety Plan
The City of Chino created a Local Roadway Safety Plan (LRSP), which identifies a framework to identify, analyze, and develop traffic safety enhancements on the City’s roadway network. As part of the LRSP. Chino’s collision history was analyzed to identify locations with elevated risk of collisions either through their collision histories or their similarities to other locations that have more active collision patterns. The report also provides both engineeringbased and non-engineering countermeasures that can be implemented systemically throughout the City to improve safety (City of Chino 2023). The report recommends 20 different engineering safety countermeasures. However, the LRSP does not include any safety improvement recommendations related to power poles (e.g., undergrounding, removal of power poles, etc.).
417

MEMORANDUM
SUBJECT: RIVERSIDE DRIVE AND MAGNOLIA AVENUE RESIDENTIAL PROJECT SAFETY ASSESSMENT 6 AUGUST 2026
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4 Traffic Impact Analysis
The Project’s TIA (TJW Engineering, Inc. 2025) and TIA Supplemental Memorandum (TJW Engineering, Inc. 2026) included a comprehensive analysis of the Project’s potential traffic related impacts, including an intersection level of service (LOS) analysis, a queuing analysis, and a sight distance analysis at the Project driveway.

The studies concluded that there would be no roadway or intersection operations or safety impacts associated with the Project. The studies determined that all of the study intersections would continue to operate at acceptable LOS with the Project traffic, the 95th percentile queue lengths with the Project would not exceed existing storage lengths, and Magnolia Avenue represents a reasonable and appropriate location for the Project’s primary driveway access based on the sight distance analysis. As such, no Project-related safety concerns were identified that would indicate an increased potential for collisions, particularly involving the power poles. Congestion can contribute to poorer safety outcomes, however no project-related increase in congestion was identified. 418

MEMORANDUM
SUBJECT: RIVERSIDE DRIVE AND MAGNOLIA AVENUE RESIDENTIAL PROJECT SAFETY ASSESSMENT 7 AUGUST 2026
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5 Summary
The key findings of this memo are summarized below:
 The Project is proposing to develop 100 residential units to be located on the southwest corner of Magnolia Avenue and Riverside Drive. A full access driveway is proposed on Magnolia Avenue. No vehicular access will be provided on Riverside Drive, and the project frontages will be improved with 5-foot-wide sidewalks and parkways (10 feet wide along Riverside Drive and 6 feet wide along Magnolia Avenue) separating vehicles and pedestrians. There would be no power poles along the new sidewalks on either street. The poles would be located in the parkways and therefore would not obstruct visibility for pedestrians. All site access improvements required as part of the Project, whether located on- or off site, would be designed and constructed in accordance with all applicable local standards and practices.  Based on a review of the TIMS collision data, between 2021 and 2025, there were 13 collisions along Magnolia Avenue, between Walnut Avenue and Chino Avenue. None of the collisions along Magnolia Avenue involved a fixed object, including the power poles. During this same period, there were 60 collisions along Riverside Drive, between 10th Avenue and Mountain Avenue. Only one collision involved a fixed-object, however, the collision was attributed to unsafe speed, with alcohol identified as a contributing factor. The collision did not involve a power pole.
 In addition to the TIMS data, the City’s Collision Summary Report provides citywide information regarding accidents involving SCE power poles. A total of 23 accidents were reported citywide. The contributing factors identified in the report indicate that the reported accidents were generally associated with driver behavior, such as impaired driving, speeding, or improper maneuvers, rather than safety issues inherent to the power poles themselves. Furthermore, no collisions involving power poles on Magnolia Avenue or Riverside Drive were reported during the last five years.  Based on both the TIMS data and the City’s Collision History Summary report, the existing power pole locations along Magnolia Avenue and Riverside Drive do not appear to be associated with a documented fixed-object collision pattern or roadway safety deficiency on either study segment.  The City’s LRSP also analyzes Chino’s collision history to identify locations with elevated risk of collisions either through their collision histories or their similarities to other locations that have more active collision patterns. The report provides both engineering-based and non-engineering countermeasures that can be implemented systemically throughout the City to improve safety. The report recommends 20 different engineering safety countermeasures, however, does not include any recommendations related to power poles (e.g., undergrounding or removal of power poles).  Finally, the TIA and supplemental TIA prepared for the Project concluded that all of the study intersections would continue to operate at acceptable LOS with the Project traffic, the 95th percentile queue lengths with the Project would not exceed existing storage lengths, and Magnolia Avenue represents a reasonable and appropriate location for the Project’s primary driveway access. As such, no Project-related safety concerns were identified that would indicate an increased potential for collisions. 419

MEMORANDUM
SUBJECT: RIVERSIDE DRIVE AND MAGNOLIA AVENUE RESIDENTIAL PROJECT SAFETY ASSESSMENT 8 AUGUST 2026
112326\19699524v1
6 References
AimTD. 2024. 24-Hour Roadway Segment Counts (with Classification). April 18.

City of Chino. 2023. City of Chino Local Roadway Safety Plan. March.

TJW Engineering, Inc. 2026. DRC25-0003, Chino 4 Traffic Impact Analysis Supplemental Memorandum. April

3. TJW Engineering, Inc. 2025. DRC25-0003, Chino 4 Traffic Impact Analysis. November 26.

University of California, Berkely. Transportation Injury Mapping System (TIMS). 2025. https://tims.berkeley.edu/
420
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Figures
421
Project Boundary
0 1,000 2,000
n Feet Date: 8/6/2026 User: mtu Path: Z:\Projects\j2137600\MAPDOC\Riverside Magnolia Residential Project.aprx Map: Figure 1 Project Location Layout: Figure 1 Project Location Garden
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Jurupa Valley
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SOURCE: USGS National Map 2026
Riverside Magnolia Residential Project
Project Location
FIGURE 1
422
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Ross Avenue
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Project Boundary
Project Design
Date: 8/6/2026 User: mtu Path: Z:\Projects\j2137600\MAPDOC\Riverside Magnolia Residential Project.aprx Map: Map Layout: Figure 2 Project Site Plan 0 50 100 n Feet
SOURCE: San Bernadino County 2026
Riverside Magnolia Residential Project
Project Site Plan
FIGURE 2
423
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Attachment A
TIMS Collision Data
424
Magnolia Avenue TIMS Collision Data (2021- 2025)
425
Riverside Drive TIMS Collision Data (2021- 2025)
426
112326\19699524v1
Attachment B
City of Chino Collison Summary Report: SCE Pole Damaged 427
1 | P a g e
City of Chino
Collision Summary Report
SCE Pole Damaged
Report # Date Location Direction Description # of Injuries 21-08114 9/18/2021 Schaefer Ave – Mountain Ave 130 feet West of intersection
Head-on to SCE pole
Improper Turning
0 21-10377 11/24/2021 Central Ave – C St 21 feet North of intersection
Hit SCE pole
Driving Under the Influence
0 21-11188 12/21/2021 Enrico St – Pipeline Ave 25 feet West of intersection
Hit SCE pole
Improper Turning
0 21-11286 1/27/2021 Chino Ave – Oaks Ave 388 feet East of intersection
Head-on to SCE pole and
parked vehicles
Improper Turning
0 22-05653 6/26/2022 Mountain Ave – Shaefer Ave 200 feet South of intersection
Hit SCE pole
Unsafe speed
0 22-07932 9/3/2022 Bickmore Ave – Meadowhouse Ave 809 feet West of intersection
Hit SCE Pole
Driving Under Influence
0 22-09442 10/18/2022 Preciado Ave – Chino Ave 24 feet South of intersection
Hit SCE pole
Improper Turning
0 22-11678 12/30/2022 Phillips Blvd – Benson Ave 36 feet West of Intersection
Hit SCE pole
Rear-end other motor vehicle
Driving Under the Influence
1 23-00024 01/01/2023 Marsh Ave – Esperanza St 35 feet South of intersection
Hit SCE pole 0
23-00882 01/27/2023 Chino Ave – Benson Ave 90 feet West of intersection
Hit SCE pole
Driving Under the Influence
0 23-01133 02/04/2023 Central Ave – Anderson St 29 feet South of intersection
Hit SCE pole 0
23-01944 2/28/2023 Philadelphia St – Abacherli Ave 12 feet East of intersection
Hit SCE pole
Improper Turning
1 428
2 | P a g e
23-02273 3/11/2023 Edison Ave – Central Ave 100 feet West of intersection
Hit SCE pole
Improper Turning
0 23-06827 7/30/2023 Benson Ave – Dover St 403 feet South of Intersection
Head-on to SCE pole
Unsafe Lane Change
0 23-10606 12/1/2023 Chino Ave – Pipeline Ave At Intersection Direction not stated
Broadside to other motor
vehicles, Hit traffic signals,
signs and SCE pole
0 24-00072 01/03/2024 Chino Ave – 12th St E At intersection Direction not stated
Hit SCE pole
Improper Turning
0 24-01278 02/20/2024 Yorba Ave – Edison Ave North of intersection Hit SCE pole Improper Turning
0 24-08346 10/17/2024 Schaefer Ave – 12th St 78 feet West of intersection
Hit SCE pole
Unsafe speed
0 24-08485 10/22/2024 Francis Ave – Vernon Ave 52 feet South of intersection
Hit SCE pole
Driving Under the Influence
0 24-10048 12/29/2024 East End Ave – Philadelphia St 337 feet South of intersection
Hit SCE pole
Unsafe Speed
1 25-03355 05/09/2025 Edison Ave – Ramona Ave 721 feet West of intersection
Hit SCE pole 1
25-05507 7/29/2025 Central Ave – College Park Ave 391 feet North of intersection
Hit SCE pole
Unsafe Starting or Backing
0 25-09543 12/22/2025 Benson Ave – Daniels St 1020 feet South of intersection
Hit SCE pole
Driving Under Influence
0 429
430
431
Lisa Valdez | Senior Transportation Planner
Lisa Valdez is a senior transportation planner and project manager with 27 years’ experience in transportation planning and analysis, including managing the development of long-range transportation plans, multimodal mobility plans, and transportation analyses for public and private clients throughout the United States. Her expertise includes transportation impact analyses, freight, corridor, and parking demand studies, and transportation demand management plans.

Lisa is experienced in CEQA, NEPA, and Fixing America’s Surface Transportation Act compliance. She has led technical analyses for largescale transportation infrastructure, as well as multimodal statewide, regional, and local transportation plans and studies. Relevant recent experience includes the 2091 Wharf Road Traffic Safety Study in the City of Capitola, the Main Street Warehouse Trip Generation and Queuing Analysis in the City of Carson, the Alexan Arcadia Transportation Impact Study for the City of Arcadia, and the Chandler Grove Annexation Specific Plan Transportation Impact Analysis and Transportation section of the draft EIR for the City of Tulare.

Mike Rowe, PE | Professional Engineer
and QA/QC
Mike Rowe is a project manager with more than 25 years’ professional experience as a civil engineer specializing in all aspects of land development, from initial acquisition to project closeout. Mike has managed project entitlements, mapping, permitting, infrastructure design, contractor negotiation, construction management, and staffing recommendations as needed. One of his public presentations even required some expertise in obtaining a public vote for its final approval. Mike is a civil engineer with vast experience in small and medium to very large projects ranging from singlefamily residential tracts to residential private golf clubs to 500-plus-unit apartment complexes to logistics compounds and commercial centers.

Mike’s main responsibilities included site and infrastructure design, project oversight, budget control, and contract management.

Mike also recently worked as the City engineer for the City of Palm Desert at a time when they were struggling to maintain this position. He worked with the City’s constituents and neighboring agencies to support the public planning, permitting, and inspections necessary to help keep the City on track.

YEARS’ EXPERIENCE
 27 Total, 5 With Dudek

EDUCATION
 California Polytechnic State
University, MCRP, City and
Regional Planning
 University of California,
Santa Cruz,
BA, Environmental Studies
 Lancaster University,
Environmental Science
YEARS’ EXPERIENCE
 25 Total, 1 With Dudek

EDUCATION
 University of Southern
Colorado
BS, Civil Engineering

CERTIFICATIONS
 Professional Civil Engineer
(PE), California No. 56069
432

ATTACHMENT B
433

TECHNICAL MEMORANDUM
SUBJECT: WARMINGTON – MAGNOLIA POWER POLE DESIGN AND ENGINEERING ASSESSMENT PROJECT NUMBER - 21736 1
AUGUST 2026

MEMORANDUM
To: Warmington Chino Residential Development Team
From: Dudek Energy Design Team
Subject: Magnolia Power Pole Design and Engineering Assessment Date: 8/18/2026
cc: Austin Ott

Executive Summary
An engineering review was conducted to access the current conditions of the utility poles and power lines adjacent to the Warmington Residential development located at 6033 and 6041 Riverside Dr., Chino, CA 91710. It was found that the poles and power lines meet or exceed current building standards and codes. As such, there will be no risk to life and safety or encroachment of the power lines due to the addition of residential buildings at the site, given the current design, and there is no current risk to life and safety posed by the existing above ground power lines, as their current state meets or exceeds code required clearances. 1 Methodology
The current existing conditions of the utility power poles and power lines surrounding the Warmington development were evaluated utilizing available online resources, site photos, and provided drawings. These existing conditions were compared against current codes and standards for construction of power poles and power lines. The latest available codes and standards were used. Dudek engineers looked for any deviations from acceptable design or clearances as enumerated by the standard codes.
2 Analysis
The codes and standards used for evaluation were the National Electrical Safety Code and General Order 95 from the California Public Utilities Commission.
3 Findings
Dudek engineering research showed that there are no known issues with the current conditions of the power lines as relates to the construction of the new buildings at the Warmington Chino Residential development. A site visit and visual review of photographs of the power poles and conductors shows that the poles exhibit no excessive 434

TECHNICAL MEMORANDUM
SUBJECT: WARMINGTON – MAGNOLIA POWER POLE DESIGN AND ENGINEERING ASSESSMENT PROJECT NUMBER - 21736 2
AUGUST 2026
leaning or cracking and show no visible rotting. The conductors are correctly attached to the insulators and lay from pole to pole per industry design requirements.

The plans for the Warmington development indicate there is a 10-foot buffer between the closest buildings and the property boundary on the north side of the site along Riverside Drive. The distances between the existing poles and the closest proposed building are shown in Figure 1 - Pole Notes. The power lines running west to east along the north side of the site and Riverside Drive are recorded by SCE to have a voltage of 12kV. According to the NESC Table 230.1-H234-2 1990R, the largest required horizontal clearance from a building to a 12kV power line is 7.5 feet at rest. The transmission lines running north to south along Magnolia Avenue on the east side of the site have a voltage of either 66kV or 115kV. A desktop search of SCE’s power maps was indeterminate. We assume 115kV for a worst-case scenario analysis. According to NESC Table H234-1, the clearance between a power line and a building varies based on the amount of line voltage over 22kV. As the line is assumed to have a voltage of 115kV, the required horizontal clearance is found by the using following equation:

7.5 feet + 0.4 inches*(115kV-22kV) = 10 feet, 7.2 inches GO-95 Rule 37 includes requirements for vertical clearance of power lines and lists the requirement for cables above 750 volts as being at least 12 feet above any building area below the lines. As none of the existing power lines will be directly above the building as currently designed, these lines are only required to meet the horizontal clearance requirements.

Figure 1 – NESC Required Horizontal Clearances from Buildings 435

TECHNICAL MEMORANDUM
SUBJECT: WARMINGTON – MAGNOLIA POWER POLE DESIGN AND ENGINEERING ASSESSMENT PROJECT NUMBER - 21736 3
AUGUST 2026
Figure 2 – NESC Required Horizontal Clearances from Buildings 22kV+ 436

TECHNICAL MEMORANDUM
SUBJECT: WARMINGTON – MAGNOLIA POWER POLE DESIGN AND ENGINEERING ASSESSMENT PROJECT NUMBER - 21736 4 AUGUST 2026
Pole Notes
Number Location Type Voltage Approx.

Distance
to Closest
Building
Required Clearance
Pole Condition
Connection Condition
Notes
2356928E Magnolia Ave Transmission 115kV 20’- 3” 10’- 7.2” Stable Stable Overhead drop feed to streetlight2356927E Magnolia/Riverside Transmission 115kV 29’- 6” 10’- 7.2” Stable StableUnmarked Riverside/Magnolia Distribution 12kV 21’- 5” 7’- 6” Stable Stable Underground feed for low voltage/comms Low voltage/comms lines are in trees; electrical lines are above trees by approximately 6-8 feet 2374324E Riverside Dr Distribution 12kV 20’- 8” 7’- 6” Stable Stable Underground feed for low voltage/comms Low voltage/comms lines are in trees; electrical lines are above trees by approximately 6-8 feet 4366866E Riverside Dr Distribution 12kV 19’- 0” 7’- 6” Stable Stable Overhead service Drop to residential structure
4366865E Riverside Dr Distribution 12kV 14’- 6” 7’- 6” Stable Stable Overhead service Drop to residential structure
4366864E Riverside Dr Distribution 12kV 20’- 0” 7’- 6” Stable Stable Underground feed for low voltage/comms Table 1 - Pole Notes
437

TECHNICAL MEMORANDUM
SUBJECT: WARMINGTON – MAGNOLIA POWER POLE DESIGN AND ENGINEERING ASSESSMENT PROJECT NUMBER - 21736 5
AUGUST 2026
4 Per CPUC GO-95, the utility must perform routine inspections of all power poles and power lines to ensure safety and structural integrity. Section 31.2 requires that all lines are inspected frequently and thoroughly for the purpose of insuring that they are in good condition and conform with all other required GO-95 rules.

The four trees near pole 2374324E and the unmarked pole along Riverside Drive are city property and shall be maintained by the city. If the city fails to maintain the trees and they pose a threat to the power lines, Southern California Edison (SCE) has a program in place to trim trees that will negatively impact their power lines. Currently, the trees pose little to no danger to the power lines and are the responsibility of SCE/City of Chino. These existing requirements are sufficient to prevent safety issues from overhead wires.

Existing Maintenance and Safety Requirements
4366865E 4366866E 2374324E Unmarked
2356928E
2356927E
4366845E
Figure 3– Pole Locations
438

TECHNICAL MEMORANDUM
SUBJECT: WARMINGTON – MAGNOLIA POWER POLE DESIGN AND ENGINEERING ASSESSMENT PROJECT NUMBER - 21736 6
AUGUST 2026
References
California Energy Commission General Order 95
Sections of Relevance

31.1 Design, Construction, and Maintenance Electrical supply and communication systems shall be of suitable design and construction for their intended use, regard being given to the conditions under which they are to be supported, and shall be maintained in a condition which will enable the furnishing of safe, proper and adequate service.

The owners and employees of such systems shall at all times exercise due care to reduce to a minimum the hazard of
accidental injury to their own or fellow employees, to the public and other utilities due to the presence of overhead wires.

All work performed on public streets and highways shall be done in such a manner that the operations of other utilities and the convenience of the public will be interfered with as little as possible and no conditions unusually dangerous to workmen, pedestrians or others shall be established at any time.

31.2 Inspection of Lines Lines shall be inspected frequently and thoroughly for the purpose of insuring that they are in good condition so as to conform with these rules. Lines temporarily out of service shall be inspected and maintained in such condition as not to create a hazard.

National Electrical Safety Code – 2023 Edition
Sections of Relevance
Part 2: Safety Rules for Overhead Lines Table H234-1 Changes in Required Horizontal Clearances of Open Conductors to Buildings
Table 230.1-H234-1 Changes in Required Horizontal
Clearances of Open Conductors to Buildings
Table 230.1-H234-2 Horizontal Clearance Required From
Building for Phase Conductors of Three Voltage
Classifications
439
440
1 Stephan Williams, EIT

ENERGY DESIGN MANAGER
Stephan Williams (STEH-fuhn WIL-yuhmz, he/him) manages the Dudek Energy Design team and has 15 years’ experience in power systems with a focus on renewables and large-scale energy storage. He has worked for and with battery energy storage system (BESS) integrators, developers, utilities, and consulting firms with a strong drive towards making multi-megawatt and gigawatt-hour scale projects successful. He has worked on projects throughout Texas, Nevada, Arizona, California, Oregon, and the eastern United States, as well as projects in Canada, Ukraine, England, the Middle East, Taiwan, Southeast Asia, and Australia.

Relevant Previous Experience
Energy Storage Development Program, Confidential Energy Client, North America. Served as director. Developed the U.S. development team, integrated cross-continent operations between the United States and Australia, and identified and advanced BESS sites across multiple Independent System Operator and Regional Transmission Organization markets. Navigated new market entry challenges by implementing flexible interconnection strategies and building relationships with key utilities and permitting authorities. Projects in pipeline advancing through site control and interconnection stages. (2023–2024).

Powin Energy Storage Product Support and Integration, Powin, Portland, Oregon. Served as technical business development director. Led technical education and data-driven sales enablement for utility-scale storage systems and the client’s product suite. Created Power BI dashboards and analytics tools; supported engineering, procurement, and construction companies; independent engineers; and owner’s engineers with system integration insights and coordinated design optimization with product engineering. Streamlined pre-sales processes and improved client responsiveness through automation of technical evaluations. (2025) Global Energy Design and Integration Services, PowerSwitch, Portland, Oregon. Served as founder and principal engineer. Established and led a design firm focused on integrating renewable and storage systems into mediumand high-voltage power grids worldwide. Delivered feasibility studies, system designs, and optimization support for clients in the United States, Canada, Australia, and Asia. Overcame regulatory and site challenges by developing adaptable interconnection templates and modular engineering packages. Multiple projects transitioned to longterm support. (2022–2023) Utility-Scale BESS Portfolio Development, Confidential Energy Client, Irvine, California. Served as director of development engineering. Supported development and delivery of large-scale BESS facilities totaling more than 750 megawatt-hours. Led responses to Requests for Proposals, technical due diligence, and operations and maintenance support while evolving supply chain and interconnection strategies. Resolved permitting and utility coordination challenges through proactive engagement with stakeholders. Completed projects totaling over $300 million. (2018–2020)
Education
Portland State University
BS, Electrical Engineering,
2011
University of Louisiana,
Lafayette
BA, English, 1998
Certifications
Engineer in Training (EIT),
OR No. 85629EI
441
2 Utility-Scale BESS Design and Optimization, Luminate, North America. Served as senior manager of BESS engineering. Designed and optimized large BESS for clients across the United States. Directed system modeling, sizing, and equipment selection to achieve grid reliability and cost efficiency. Addressed site and interconnection limitations through tailored system layouts and control logic. Completed conceptual and detailed design packages. (2020)
Utility-Scale Storage Product Engineering, Powin, Portland, Oregon. Served as director of applications engineering.

Designed and supported deployment of utility-scale storage projects across the United States. Bridged engineering and business development, led multi-million-dollar Requests for Qualifications, and provided executive-level technical guidance. Overcame supply chain and procurement challenges through standardized component specifications. Multiple systems were completed and operational. (2018–2020) Sales and Project Engineering Leadership, Powin, Portland, Oregon. Served as senior director of sales and project engineering. Managed teams delivering pre-sales designs and full life cycle transitions for large energy storage projects. Oversaw design reviews, schedules, and vendor coordination to ensure timely, cost-effective delivery.

Implemented process improvements that reduced change orders and design iterations. (2020–2022) Smart Grid Reports and Distribution Standards, PacifiCorp, Portland, Oregon. Served as standards and smart grid engineer. Created and maintained underground distribution standards and authored smart grid benefit–cost reports for state commissions. Collaborated with utility departments to modernize grid design documentation.

Digitized legacy standards and improved tracking for regulatory compliance. Standards adopted utility-wide. (2011-2013)
Smart Grid Northwest Conferences and Education, Smart Grid Northwest, Portland, Oregon. Served as marketing and operations director. Produced regional conferences and education programs to advance smart grid policy and technology. Engaged utilities, academics, industry leaders, and regulators to promote demand response and transactive energy initiatives. Coordinated logistics for the Pacific Northwest Demand Response Summit and 2016 Transactive Energy Conference. (2015–2016)
Substation and Distribution Design Services, Brown & Kysar, Vancouver, Washington. Served as design engineer.

Developed substation layouts and construction drawings and oversaw undergrounding of high-risk overhead systems. Partnered with utilities to enhance safety and reliability of existing infrastructure. Resolved field and constructability issues through design revisions and on-site collaboration. (2014–2016) Utility Product Sales and Client Engineering Support, Carlson Sales, Pacific Northwest. Served as sales engineer.

Represented manufacturers of electrical equipment for regional utilities and industrial clients. Collaborated with engineers and procurement staff to specify power system components. Resolved vendor coordination and delivery challenges to streamline client operations. (2013–2014) 442

1 Josh Davis, EIT

ENERGY DESIGN MANAGER
Josh Davis is an electrical engineer specializing in renewable energy systems, with experience spanning utility-scale photovoltaics (PV), battery energy storage systems (BESS), and electric vehicle (EV) charging infrastructure. As part of the Dudek Energy Design team, Josh applies his deep understanding of battery storage technologies and renewable integration to deliver efficient, reliable, and code-compliant energy solutions. His work includes engineering design and multidisciplinary coordination for PV, BESS, and EV projects across the Rocky Mountain and Western regions. Josh serves as a companywide subject matter expert for EV charging systems and alternative energy design, driving innovation, consistency, and quality across project delivery.

Relevant Previous Experience
Feasibility Studies and Preliminary BESS Design, NDA Client, North America.

Managed and executed feasibility studies and preliminary engineering for a portfolio of more than 20 BESS projects across the United States, ranging from 50 megawatt (MW) to 300 MW. Preliminary design included site layouts, Medium Voltage (MV) cable routing, stormwater management, auxiliary power distribution systems, and manufacturer required infrastructure.

Preliminary PV Design, Saga Energy, North America. Developed preliminary site layouts and energy production reports for various utility scale (more than 1 gigawatt) PV sites around the United States. Sites maintained dedicated space for a future BESS. Utilizing PV modeling software, the report indicated expected energy production, financial statistics such as expected payback periods, and other key metrics for the client.

Silver Cliff Solar, Cloudbreak Energy, Silver Cliff, Colorado. Provided site design and electrical engineering support for a utility-scale PV development near Silver Cliff, Colorado. The project will be located on a 22-acre plot of land and tie into the nearby Black Hills Energy transmission line.

Equipment Maintenance & Transit Operation Center Bus Charging Station Review, Montgomery County, Maryland.

Served as project manager, providing third-party engineering review of an EV bus charging facility in Montgomery County. The site included 30 EV chargers, 5.7 MW of PV, and 2.25 MW of BESS.

Human Services East PV and BESS, Denver Health, Denver, Colorado. Provided electrical engineering to support installation of a rooftop PV installation and pad mounted BESS system. The intention of the system is to reduce peak demand charges at times of high power usage and generate clean energy during the day.

EVII Mission Hills, EV Initiative, Los Angeles, California. Provided electrical engineering for a new EV charging facility in Mission Hills, California. The site included 20 dual-port DC fast chargers from multiple manufacturers, integrated with canopy mounted PV and pad mounted BESS. Coordinated interconnection with the utility via a

13.8-kilovolt transmission line and provided a step-down transformer and 480-volt distribution system. The design Education
Oregon Institute of
Technology
BS, Renewable Energy
Engineering
BS, Electrical Engineering
443

ATTACHMENT C
444

TECHNICAL MEMORANDUM
From: Dudek Fire Protection Planning Team
Subject: Riverside/Magnolia Warmington Residential Power Pole Fire Code Analysis Date: August 13, 2026
Attachment(s): Figure 1 – Project Location
Figure 2 – Tentative Site Plan
Figure 3 – Fire Hazard Severity Zones
This fire code analysis memorandum provides an assessment of the Riverside/Magnolia Warmington Residential Project’s (Project) existing aboveground power poles and evaluates if the addition of Project structures while allowing the overhead lines to remain is likely to cause a fire related concern. This memorandum identifies applicable fire and building codes. As described herein, the Project is not within a Fire Hazard Severity Zone as determined by the California Department of Forestry and Fire Protection (CAL FIRE). As such, the Project will be required to comply with the Chino Municipal Code, the Chino Valley Fire District Fire Code, including building construction regulations and landscaping requirements, along with various other fire protection and fire safety requirements.
1 Project Overview

1.1 Project Description
The Project proposes the construction of 100 attached homes with associated infrastructure including internal roadways, parking areas, and outdoor common areas on APNs (102-011-101 and 102-011-102) located at 6033 and 6041 Riverside Drive in the City of Chino, San Bernardino County (See Figure 1, Project Location). This project has a land use designation Commercial General and zoning designation Commercial General. The project has an Affordable Housing Overlay on 3.76 adjusted gross acres of the site that allows for a minimum of 26 units per acre. In the 3.76 adjusted gross acres, the project is planned at 26.59 units per acre which is consistent with the Affordable Housing Overlay. The Project does not propose to add any overhead powerlines. There is one APN that is not a part of the Affordable Housing Overlay, but it is not planned to have any homes. The Commercial General zoning on the parcel will allow for park space which is proposed for that portion of the Project site.

1.1.1 Project Location
The Project site is located within the City of Chino, in San Berardino County. The Site is south of Riverside Drive and west of Magnolia Avenue. Local access to the Project site is provided by Riverside Drive and Magnolia Avenue.

Regional access is provided by California State Route 60, or Pomona Freeway, which runs east-west, due north of the Project site.
445

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SUBJECT: RIVERSIDE/MAGNOLIA RESIDENTIAL PROJECT
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AUGUST 2026

1.1.2 Surrounding Land Uses
The Project site is located in a suburban area east of downtown Chino. It is surrounded by suburban residential and more urban land uses, such as housing, mercantile, entertainment, parking lots, and food/beverage, west of the Project site.

1.2 Existing Project Site Conditions
The Project site is approximately 5 gross acres and approximately 3.96 adjusted gross acres. Of the 3.96 adjusted gross acre site, 0.2 adjusted gross acres are zoned Commercial General, and 3.76 adjusted gross acres are zoned Commercial General with an affordable housing overlay. The site is mostly vacant with two residential homes on the property. The Project site’s topography is predominantly flat. The base elevation of the site is approximately 756 feet above mean sea level. The land has little to no native or natural vegetation cover but is host to annual invasive weeds.

Existing access to the Project is via Riverside Drive. The surrounding community, including the subject property, is not located within a Fire Hazard Severity Zone (FHSZ) as designated by CAL FIRE. The potential for wildfire is further described in Section 3 of this memorandum. A high-level summary of the codes applicable to the Project site is provided in Section 2 of this memorandum.
2 Applicable Codes
The Project would be required to comply with the Chino Municipal Code (CMC), including applicable portions of the 2025 edition of the California Fire Code (CFC) as adopted and amended by the City of Chino, also referred to as the Chino Valley Fire District Fire Code (CVFDFC). The Project also shall comply with applicable portions of the 2025 California Building Code (CBC) and 2025 California Electrical Code (CEC) as adopted and amended by the City of Chino. Compliance with applicable code provisions pertinent to access, water supply, and emergency operations requirements is subject to review and approval by the Chino Valley Fire District and the Department of Building and Safety during final design and permitting.

2.1 Building Codes
The Project would be required to comply with the provisions of the 2025 California Building Code (CBC) or the 2025 California Residential Code (CRC). While there are many relevant requirements throughout this code, it is important to note that the Project will comply with CBC Chapter 9 Fire Protection and Life Safety Systems, which parallels Chapter 9 of the 2025 CFC, to ensure that the Project will include at least the minimum requirements for active fire protection equipment systems to perform the functions of detecting a fire, alerting the occupants or fire department of a fire emergency, mass notification, gas detection, controlling smoke and controlling or extinguishing the fire for the safety of occupants and visitors of the Project. The Project structures and landscaping are able to comply with these requirements.

2.2 Electrical Codes
The Project would be required to be in accordance with applicable portions of the 2025 CEC as adopted and amended by the City of Chino. The Project, including overhead line clearance, shall be in accordance with Article 446

POWER POLE FIRE CODE ANALYSIS TECHNICAL MEMORANDUM
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230 of the 2025 CEC. Existing power poles and overhead electrical facilities installed and maintained in accordance with applicable electrical codes and utility standards are not expected to create a vegetation fire ignition source, including during high-wind events, where required clearances are maintained and combustible vegetation is removed from the vicinity of overhead facilities. As stated in the Project’s Power Pole Design and Engineering Analysis Technical Memorandum, the Project structures are able to comply with these requirements, including required clearance around powerlines. Furthermore, Southern California Edison (SCE) is actively maintaining the required clearance between powerlines and vegetation through the vegetation and tree trimming program that is in place. The Project would not add any vegetation within 10 feet of existing powerlines. Per Chino Valley Fire District’s (CVFD) Vegetation Maintenance Guideline, Power poles must have 10 feet of clearance around the circumference of the pole/tower and 10 feet of horizontal clearance directly under power lines.

2.3 Fire Codes
The Project would be required to be designed in accordance with the 2025 California Fire Code as adopted by CVFD within the CVFDFC. While there are many relevant requirements throughout this code, it is important to note that Project will comply with CFC Chapter 9 Fire Protection and Life Safety Systems to ensure that the Project will include at least the minimum requirements for active fire protection equipment systems to perform the functions of detecting a fire, alerting the occupants and/or fire department of a fire emergency, mass notification, gas detection, controlling smoke and controlling or extinguishing the fire for the safety of occupants and visitors of the Project.

The Project structures and landscaping are able to comply with these requirements. 3 Wildfire Environment
As noted, the Project site is not located within a FHSZ by CAL FIRE – Office of the State Fire Marshal (see Figure 3, Fire Hazard Severity Zones). Fire Hazard Severity Zone designations are based on factors such as topography, vegetation, and weather, and identify areas where enhanced wildfire protection measures are required. An area not designated as a FHSZ does not have the means to readily transmit wildfire, in this case due to a lack of wildland fuels (vegetation) that are readily available to burn in proximity to the Project site. The Project site and its surroundings are predominantly developed with irrigated vegetation, paved roads, and structures with fire protection features.

Furthermore, the Project must comply with CVFD’s Vegetation Management Guide and robust weed abatement program, which requires the removal of all weeds, provides for proper tree maintenance, and requires removal of all dead and dying trees throughout parcels under 5 acres in size. These vegetation management requirements reduce the availability of combustible vegetation near existing overhead utility facilities and support the conclusion that the existing properly installed and maintained power poles, as stated in the Project’s Power Pole Design and Engineering Analysis Technical Memorandum, would not be expected to cause vegetation fires, including during high-wind events. Currently, the lot is mostly vacant with two residential homes on the property and is vegetated by predominantly grass that is required to be maintained and mowed to 4 inches or less per CVFD’s weed abatement program, which is enforced through inspections throughout the year. 4 Analysis
The Riverside/Magnolia Warmington Residential Project is required to comply with the Chino Municipal Code, including the adopted and amended 2025 building and fire codes. CMC Chapter 13.32 establishes that the 447

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absence of utility poles and overhead utility lines serve public health by eliminating potential hazards to life and property in the event of emergences or disasters such as earthquake or fire. There would not be an increase in fire or earthquake risks with the Project being developed and served by the existing overhead utility lines located within the public right of way directly adjacent to the Project. Existing power poles installed and maintained in accordance with applicable electrical codes, utility standards, and required clearance provisions, such as the existing poles that are to remain and serve the Project, are not expected to cause vegetation fires, including during high-wind events, particularly where combustible vegetation is required to be removed or maintained so that it does not contact overhead facilities. A significant portion of the City of Chino is currently served by overhead powerlines. Local fire crews are aware of this and are well practiced when fighting fire while overhead utility lines are present. These conditions are pre-existing and are not modified or worsened by the Project. Furthermore, the Project does not add any overhead power or other utility lines. Fire crews are expected to access proposed structures from within the Project site, meaning code compliant fire apparatus access roads and fire service features will be required for the Project, per Chapter 5 of the 2025 CFC.

The Project will also be subject to provisions found within Chapter 9 of the 2025 CFC and 2025 CBC. Not only will the Project be equipped with fire protection and life safety systems in accordance with the 2025 CFC and CBC, such as automatic fire sprinklers being required for all proposed residential structures, but the development of the Project will reduce the amount of open space susceptible to vegetation growth and support consistent weed abatement to keep the fire risk to a minimum on-site. In addition, applicable vegetation management and clearance requirements are intended to prevent combustible vegetation from contacting overhead utility lines or accumulating near electrical facilities. The CFC does not include any specific regulations regarding the presence of overhead utility lines aside from ensuring vegetation is kept from contacting the lines.

The subject site is not within a Fire Hazard Severity Zone (FHSZ) as designated by CAL FIRE – Office of the State Fire Marshal. The analysis of the Project has determined that the Project site is located within an urban area which currently supports primarily residential and commercial land uses and therefore lacks a significant wildfire environment. Although not considered a site susceptible to wildland fire, research (Syphard. 2013) indicates that it is less likely for higher density developments, such as the proposed Project, to be impacted by wildfires than lower density developments, such as the existing single family residential structures currently on-site.

In addition to the City of Chino, the Chino Valley Fire District will review the Project to confirm that development of the site and incorporating the existing overhead utility lines to serve the Project does not pose any additional fire or public safety risk. Adequate emergency access and fire protection measures shall be provided that are consistent with applicable codes and standards.

Based on these factors, the Project would maintain adequate access for emergency response and firefighting operations, within the context of the proposed residential community, without interference or exacerbated public safety risk as a result of utilizing the existing overhead utility lines for the purposes of the Project. 448

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References
Municode Library. 2025. Chino Municipal Code. Accessed August 6, 2026. https://library.municode.com/ca/chino/codes/code_of_ordinances?nodeId=CHCAMUCO CALFIRE. 2025. Fire Hazard Severity Zone Viewer. August 6, 2026. https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0 California Building Standards Commission. 2025. California Building Standards Code. Accessed August 6, 2026. https://www.dgs.ca.gov/BSC
City of Chino. 2026. Ordinance No. 2025-007. Accessed August 6, 2026 https://www.cityofchino.org/616/Municipal-Code#docaccesse91c2ebdd6021c074336686289c3b8c870c72fd8ee4c6e50be68626936123315 Syphard AD, Bar Massada A, Butsic V, Keeley JE (2013) Land use planning and wildfire development policies influence future probability of housing loss. PLoS ONE 8(8), e71708. doi:10.1371/JOURNAL. PONE.0071708
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Bon View Ave
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Grant St
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Davis St
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Williamsburg Rd
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Wright Ave
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Saint Andrews St
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Vernon Ave
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Ross Ave
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Monte Vista Ave
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Telephone Ave
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Date: 8/6/2026 User: mtu Path: Z:\Projects\j2137600\MAPDOC\Riverside Magnolia Residential Project.aprx Map: Figure 4 Fire Hazard Severity Zones Layout: Figure 3 Fire Hazard Severity Zones SOURCE: Maxar 2024; CalFire 2025
Riverside Magnolia Residential Project
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1 Austin Ott

PRINCIPAL FIRE PROTECTION PLANNER
Austin Ott is a fire protection planner with 13 years’ professional experience interpreting, developing, and enforcing fire and building code. Relevant work includes authoring fire prevention standards, authoring Wildfire Evacuation Studies (WESs) for cities and development projects, authoring Fire Protection Plans (FPPs), preparing and reviewing Community Wildfire Protection Plans (CWPPs), conducting Wildfire Risk Assessments (WRAs), preparing Alternate Means and Methods (AM&M) requests to meet the intent of the code, guiding site plan development through Due Diligence Analyses (DDAs) and evaluating master plans for fire code compliance. Mr. Ott has managed teams and projects of various sizes to deliver quality products on time and within budget.

Summative Project Experience
Fire Protection Planning, Dudek, Pasadena, California. Serves as Principal Fire Protection Planner. Coordinates the team of 23 fire protection planners to provide high-quality fire protection consulting. Notable projects include developing fire prevention standards for AHJs, review and correction of Fire Protection Plans prepared by other consulting firms, wildfire risk assessments of large residential areas, code consulting for various projects, and wildfire evacuation and fire protection planning for various residential and commercial projects. Involved with approximately 90 projects per year each requiring thoughtful analysis and approach to consider the applicable adopted code and standards relevant to the project in addition to CEQA considerations. (2023–Ongoing)
Relevant Project Experience
Western Riverside County Regional Conservation Authority Wildfire Management Plan. Served as Deputy Project Manager and led field efforts to obtain vegetation and terrain data for regional assessment. Aided with stakeholder engagement and project management to deliver thorough assessment and recommendation.

Murrieta CWPP. Served as Deputy Project Manager to lead community presentations and discussion to gain community input on CWPP. Led field efforts to obtain vegetation and terrain data. Managed Project towards timely completion of various tasks.

Anaheim Wildfire Evacuation Study. As Project Manager and technical leader, conducted a regional evacuation analysis to determine evacuation clearance time using PTV VISSIM traffic modeling software. Findings of this effort fueled actionable recommendation for infrastructure and planning enhancements to better prepare and facilitate evacuation. Created a novel approach to evaluating evacuation impacts of new projects.

Relevant Previous Experience
Deputy Fire Marshal Supervising Community Compliance, Chino Valley Fire District, Chino Hills, California. Served as fire investigator. Supervised five fire inspectors and one public education specialist. Managed state mandate Education
Columbia Southern
University at Orange
Beach, Alabama
BS, Fire Administration
and Investigation, 2021
Certifications
Fire Inspector 2 California
Office of the State Fire
Marshal, December 2022
Fire Inspector 2
International Code
Council, May 2024
Home Ignition
Zone/Defensible Space
inspector March 2024
Fire Investigator California
Office of the State Fire
Marshal, May 2023

454
2 inspections, occupancy inspections, weed abatement, special event inspections, defensible space inspections, fireworks enforcement, and all public education or community outreach programs. Assigned as a duty fire investigator on call one week per month, responsible for origin and cause investigations. Worked with utility companies to assess and abate hazardous vegetation. Conferred with and advised architects, engineers, attorneys, developers, and the public regarding fire code or ordinances. Conducted research, analyzed data, and developed/enhanced programs, regulations, and codes pertaining to the prevention of fire. (2018–2024) Chino Valley Fire District, Chino Hills, California. Served as fire inspector, community liaison officer, and trainee investigator. Performed annual fire inspections of Title 19 and permitted occupancies for compliance with applicable codes and standards. Performed inspections of new construction and tenant improvement projects for compliance with approved plans. Performed weed abatement inspections, special events inspections, and pyrotechnics display inspections as assigned. Conducted training classes for the community or for department personnel, as needed. (2016–2018)
Riverside County Fire Department, Moreno Valley, California. Served as fire systems inspector. Performed annual fire inspections of all types of occupancies for compliance with applicable codes and standards. Performed inspections of new construction and tenant improvement projects for compliance with approved plans, including fire protection systems, water supply, means of egress, and fire department access. Performed weed abatement inspections, special events inspections, and pyrotechnics display inspections, as assigned. (2015–2016) Glendale Fire Department, Glendale, California. Served as fire and life safety inspector. Conducted initial and follow-up inspections on various types of occupancies for fire hazards, existing hazards, and fire protection equipment certifications. Conducted new construction inspections, tenant improvement inspections, and vegetation management inspections, as assigned. (2014–2015) Baldwin Lake Fire Department, Baldwin Lake, California. Served as a volunteer firefighter, driver/operator. (2013-2014)
455
RIVERSIDE DR. & MAGNOLIA AVE. POLE LOCATIONS
456
From: JAMES GLASER
Sent: Wednesday, August 26, 2026 8:15 AM
To: Staar, Maria <[email protected]>
Subject: [EXT EMAIL] PL25-0067

I strongly disagree with the request to construct a 100-unit condo community. It doesn't state if the construction of these condos are 3-4-stories. My reasoning is it doesn't fit this residential community. The area around this community has ONLY 1 and 2-story homes, apartments and condos. Putting a complex taller than the 1-2-story homes behind this project along with the extra vehicles, people and congested roadways only makes this area a high potential for a huge loss in the quality of life. The quality of life and privacy for the residents that live on Barbara Street will be greatly impacted. We, the residents of the area of Chino, deserve a quality of life that represents what Chino has to offer. A 3-4-story complex does not fit that requirement for us. Please reconsider reducing the complex to no more than a 2-story complex that will keep Chino respectful of the residents that have been in this community for years and continue to grant them their quality of life.

Thank You
Jim Glaser
Chino, Ca. 91710
457

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TO: LINDA REICH, CITY MANAGER
FROM: SWATI MESHRAM, PHD, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Consider the Applicant’s appeal of the Planning Commission’s June 17, 2026 action on the 210- unit rental housing project located at the northwest corner of Riverside Drive and Mountain Avenue (6210 Riverside Drive), which received a 3-3 vote and, therefore, did not result in an approval or denial of the project. The Applicant is also appealing Public Works Condition of Approval No. 2.2, which requires the undergrounding of existing overhead utility lines and denies the Applicant’s requested concession pursuant to the State Density Bonus Law. ..end

RECOMMENDATION
..recommendation
Conduct a Public Hearing and adopt Resolution No. 2026-057, granting the appeal in part by approving PL25-0022 (Site Approval), and denying the portion of the appeal requesting removal of Public Works Condition of Approval No. 2.2, which requires undergrounding of the existing overhead utility lines located at the southeast corner of the project site. ..body

FISCAL IMPACT
If the appeal is approved and the project proceeds with the required undergrounding of existing overhead utility lines, the City will receive one-time revenues associated with development activity, including permit and development-related fees. Upon completion of the project, ongoing property tax revenues and local sales tax revenues generated by future residents are also anticipated.

Transfer In: Transfer Out:
458
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF THE PLANNING COMMISSION’S JUNE 17, 2026 ACTION ON THE 210-UNIT RENTAL HOUSING PROJECT LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND MOUNTAIN AVENUE (6210 RIVERSIDE DRIVE), WHICH RECEIVED A 3-3 VOTE AND, THEREFORE, DID NOT RESULT IN AN APPROVAL OR DENIAL OF THE PROJECT. THE APPLICANT IS ALSO APPEALING PUBLIC WORKS CONDITION OF APPROVAL NO. 2.2, WHICH REQUIRES THE

UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION PURSUANT TO THE STATE DENSITY BONUS LAW.

PAGE: 2

BACKGROUND
On June 17, 2026, the Planning Commission conducted a public hearing on PL25-0022, a request for a Site Approval to construct a 210-unit residential rental community consisting of 25 two- and three-story residential buildings and a recreation building on approximately 7.9 adjusted gross acres of land at a density of 26.6 dwelling units per acre within the CO (Commercial Office) and RD4.5 (Residential 4.5 dwelling units per acre) zoning districts. The project site is one of the 91 Affordable Housing Overlay sites established through the City's Housing Element, adopted by the City Council in December 2024. Because the project provides 21 deed-restricted affordable units (10 percent of the total units) for lower-income households, it qualifies for a density bonus and one incentive or concession pursuant to Government Code section 65915 (State Density Bonus Law). The applicant requested that the City's requirement to underground the existing overhead utility lines along Riverside Drive be waived as the project's one concession under the State Density Bonus Law (SDBL). However, the Staff retained Public Works Condition of Approval No. 2.2 requiring undergrounding, finding that the requirement is necessary to protect public health and safety. The basis for this determination is detailed in Finding 2 in PC Resolution No. PC2026-005 and is discussed further in the Appeal section of this report.

Staff presented the project and recommended approval, finding the project consistent with the General Plan, Affordable Housing Overlay District, applicable objective development standards, and applicable State housing laws. The applicant accepted all recommended Conditions of Approval except Condition No. 2.2, which requires the undergrounding of existing overhead utility lines. The applicant requested that this requirement be waived as its requested incentive or concession under the SDBL.

The Planning Commission received testimony from numerous residents regarding traffic, neighborhood compatibility, public safety, and parking. Many of the traffic and parking issues identified were associated with existing congestion and circulation issues related to the adjacent Cortez Elementary School. Concerns were raised regarding the pedestrian access at the northwest corner of the project, including whether the access could increase traffic and parking impacts for the existing homes directly to the north. The pedestrian access is intended to provide future residents with children attending Cortez Elementary School with a convenient and direct connection to the school, thereby reducing the need for vehicle trips to and from the school. The access was incorporated into the project specifically as a measure to encourage walking and reduce vehicle trips associated with school drop-off and pick-up and support the project’s overall circulation and traffic objectives.

A Traffic Impact Analysis (TIA) prepared in compliance with the Chino TIA Guidelines was prepared and approved by the City Traffic Engineer. Traffic impacts were identified, and mitigation measures were included as conditions of approval on the project including traffic signal and accessibility improvements at the intersection of Mountain Avenue and Riverside Drive including a dedicated southbound right-turn pocket and right-of-way dedication for a future dual eastbound left-turn pocket. Concerns were raised that the project’s TIA was completed and 459
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF THE PLANNING COMMISSION’S JUNE 17, 2026 ACTION ON THE 210-UNIT RENTAL HOUSING PROJECT LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND MOUNTAIN AVENUE (6210 RIVERSIDE DRIVE), WHICH RECEIVED A 3-3 VOTE AND, THEREFORE, DID NOT RESULT IN AN APPROVAL OR DENIAL OF THE PROJECT. THE APPLICANT IS ALSO APPEALING PUBLIC WORKS CONDITION OF APPROVAL NO. 2.2, WHICH REQUIRES THE

UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION PURSUANT TO THE STATE DENSITY BONUS LAW.

PAGE: 3
approved prior to the opening of Northgate Market and did not take into account traffic generated by the store. At the hearing, the Assistant City Attorney advised the Commission that the Housing Crisis Act of 2019 (SB330) limits a local agency's ability to impose new or more restrictive traffic-related development standards after a housing application has been deemed complete. The relevant SB 330 date for this project is September 18, 2025, which establishes the baseline for applicable development standards and predates the April 1, 2026 opening of Northgate Market; therefore, the City’s ability to impose new or more restrictive traffic-related standards based on conditions arising after September 18, 2025, including traffic generated by Northgate Market, is limited by SB 330.

Following public testimony and deliberation, the Commission considered several motions to approve the project. Each motion failed on a 3-3 vote. During the proceedings, the Assistant City Attorney advised the Commission that any action to deny the project would require findings supported by substantial evidence, including a determination that the project would result in a specific adverse impact on public health or safety, as required under applicable State housing law. Although the Commission considered amending the proposed resolution to include such a finding, no motion received the votes necessary for approval.

Because all motions failed on tie votes, the Planning Commission did not adopt Resolution No.

PC2026-005, resulting neither approval nor denial of the Site Approval application. On June 22, 2026, the applicant filed an appeal requesting that the City Council approve the Site Approval application.

APPEAL
The applicant’s appeal raises four main issues, which are: The Planning Commission action resulted in a lack of findings which violates State Law and the Chino Municipal Code (CMC), Housing Accountability Act violations, State Density Bonus Law violation, and could result in severe penalties for violating the law. Each issue is discussed in further detail below followed by a staff response. The full appeal letter is attached to this staff report as Exhibit “F”.

Lack of Findings Violates State Law and the Chino Municipal Code The appellant states in the appeal that the Planning Commission’s denial of the Project did not make one finding to support its decision, which is a violation of State Law. The appellant asserts that the Planning Commission did not render findings to enable the applicant or the public to understand the basis for the Planning Commission’s actions. In failing to provide findings, the Planning Commission failed to bridge the analytic gap between the raw evidence and ultimate decision. The applicant further states that the Planning Commission made no adverse findings to deny the project, for which the CMC requires the Planning Commission to consider and clearly establish the findings of fact set forth in the CMC.

Staff response
460
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF THE PLANNING COMMISSION’S JUNE 17, 2026 ACTION ON THE 210-UNIT RENTAL HOUSING PROJECT LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND MOUNTAIN AVENUE (6210 RIVERSIDE DRIVE), WHICH RECEIVED A 3-3 VOTE AND, THEREFORE, DID NOT RESULT IN AN APPROVAL OR DENIAL OF THE PROJECT. THE APPLICANT IS ALSO APPEALING PUBLIC WORKS CONDITION OF APPROVAL NO. 2.2, WHICH REQUIRES THE

UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION PURSUANT TO THE STATE DENSITY BONUS LAW.

PAGE: 4
At the June 17, 2026, Planning Commission hearing, staff provided a written and oral staff report to the Planning Commission with a recommendation of approval, clearly establishing the findings of fact set forth in the CMC. After deliberation, the Planning Commission entertained three separate motions to approve the project. Each motion was followed by a second and subsequent vote. All three motions failed to pass by a vote of 3-3 by the Planning Commission.

While no findings were made, the project was not denied outright, instead the Planning Commission failed to pass a motion to approve the project. In staff’s review of the project, staff determined Site Approval PL25-0022 met all requirements of the CMC and that the project is consistent with the City's General Plan, Zoning Code, Affordable Housing Overlay District, and all applicable objective development standards and State housing laws. Therefore, specific findings to approve the project were outlined in Planning Commission Resolution No. PC2026- 005.

Housing Accountability Act (HAA) Violations
The appellant states that the HAA restricts the ability of local governments to deny an application to build housing if the proposed project complies with General Plan, zoning, and design review standards that are “objective”. Further, the appellant states that the HAA prohibits the denial of a housing development project unless it makes a finding that there is a specific health and safety impact that cannot be mitigated any other way and that these findings arise infrequently. The appeal states that there was no such finding made nor was there anything in the record that would show that the project would cause a specific adverse health and safety impact resulting in the Planning Commission’s actions being a violation of the law.

Staff response
At the Planning Commission hearing, staff provided a written and oral staff report to the Planning Commission with a recommendation of approval, clearly establishing the findings of fact set forth in the CMC. As mentioned in the previous section of this staff report, the Planning Commission entertained three separate motions to approve the project. Each motion was followed by a second and subsequent vote. All three motions failed to pass by a vote of 3-3 by the Planning Commission. While no findings were made to deny the project, the project was not denied outright, instead the Planning Commission failed to pass a motion to approve the project.

In staff’s review of the project, staff determined Site Approval PL25-0022 met all requirements of the CMC and that the project is consistent with the City's General Plan, Zoning Code, Affordable Housing Overlay District, and all applicable objective development standards and State housing laws and recommended approval. The specific findings were outlined in Planning Commission Resolution No. PC2026-005.

State Density Bonus Law Violation
In the appeal, the appellant states that the Planning Commission failed to comply with SDBL by unlawfully denying the project’s density bonus, incentive and waivers. The appellant notes that the Planning Commission carries the burden of proof to deny the requested incentive to eliminate the requirement to underground the existing utility line located at the intersection of 461
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF THE PLANNING COMMISSION’S JUNE 17, 2026 ACTION ON THE 210-UNIT RENTAL HOUSING PROJECT LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND MOUNTAIN AVENUE (6210 RIVERSIDE DRIVE), WHICH RECEIVED A 3-3 VOTE AND, THEREFORE, DID NOT RESULT IN AN APPROVAL OR DENIAL OF THE PROJECT. THE APPLICANT IS ALSO APPEALING PUBLIC WORKS CONDITION OF APPROVAL NO. 2.2, WHICH REQUIRES THE

UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION PURSUANT TO THE STATE DENSITY BONUS LAW.

PAGE: 5
Riverside Drive and Mountain Avenue. The appellant argues that the Planning Commission and City further violated SDBL by not making any finding to deny the requested incentive. The incentive being requested by the applicant is relief from undergrounding the utility pole at the intersection Riverside Drive and Mountain Avenue, all other utilities were proposed to be undergrounded with the project (Public Works Condition of Approval 2.2). The appellant states there would be a cost reduction of at least $500,000 by maintaining the utility pole, which could provide for further affordable housing costs. The appellant further states the importance in the cost reduction given the public improvements required for the Project along both street frontages. In the appeal, the appellant claims the applicant proposed to move the utility pole father away from Riverside Drive, which would result in a greater setback from the street as well as a landscape buffer between the traffic lanes and the utility pole. The appellant asserts that following meetings with the California Department of Housing and Community Development (HCD), HCD staff recommended bollards as a form of mitigation to project the utility pole, which the applicant agreed with.

As its requested concession, the applicant seeks to eliminate the requirement to underground the existing overhead utility line located near the intersection of Riverside Drive and Mountain Avenue at the southeast corner of the project site.

Staff response
Purpose of Condition No. 2.2
Condition No. 2.2 requires the undergrounding of existing overhead utility lines operating at 34.5 kV or less in accordance with Chapter 13.32 of the Chino Municipal Code. This condition has been consistently applied to comparable private development projects and applicable City capital improvement projects, where feasible and is required, to improve utility reliability, reduce exposure to hazards affecting overhead electrical infrastructure, and enhance long-term infrastructure resiliency to residential neighborhoods.

The City has consistently applied these undergrounding requirements to development projects where the applicable standards require such improvements. For example, the project located at the southwest corner of Riverside Drive and Mountain Avenue was conditioned to underground the existing overhead utility lines along its frontage. This provides a local example of the City’s consistent application of undergrounding requirements to development projects in the area and demonstrates that the requirement is not being imposed uniquely on the subject project.

The application of Condition No. 2.2 to the subject project is therefore consistent with the City’s treatment of comparable development projects and the applicable requirements of Chapter 13.32 of the Chino Municipal Code.

Public Safety Considerations
462
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF THE PLANNING COMMISSION’S JUNE 17, 2026 ACTION ON THE 210-UNIT RENTAL HOUSING PROJECT LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND MOUNTAIN AVENUE (6210 RIVERSIDE DRIVE), WHICH RECEIVED A 3-3 VOTE AND, THEREFORE, DID NOT RESULT IN AN APPROVAL OR DENIAL OF THE PROJECT. THE APPLICANT IS ALSO APPEALING PUBLIC WORKS CONDITION OF APPROVAL NO. 2.2, WHICH REQUIRES THE

UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION PURSUANT TO THE STATE DENSITY BONUS LAW.

PAGE: 6
Overhead electrical infrastructure is inherently more vulnerable to outages caused by vehicle collisions, severe weather, high winds, equipment failures, and falling tree limbs.

Such outages can interrupt power to homes and critical medical equipment, interrupt emergency communications, and affect lighting and other essential public safety systems. Underground utility systems generally provide greater reliability because they are less vulnerable to these external hazards. Although service interruptions can still occur, underground systems are significantly less susceptible to weather-related events, traffic collisions, and physical damage. Maintaining reliable electrical service is particularly important in residential developments where residents may depend upon electrically powered medical devices, refrigerated medications, mobility equipment charging, home oxygen systems, and other essential health-related equipment.

Accordingly, staff concludes that requiring underground utility facilities directly advances important governmental interests in protecting public health and safety by improving system reliability and reducing the likelihood of service interruptions affecting future residents.

Protective Bollards
Prior to the Planning Commission hearing, staff met representatives from HCD on June 3, 2026 to discuss the requested incentive. The role of HCD is to provide technical assistance and guidance to local government and review compliance issues. Following the meeting, HCD provided written correspondence dated June 16, 2026 (Exhibit G), encouraging the City and the applicant to continue working in good faith to evaluate potential mitigation measures that could address any specific adverse impacts associated with maintaining the existing overhead utility facilities. HCD suggested that the parties consider measures such as protective bollards or relocation of the utility pole.

HCD did not state that Condition No. 2.2 is inconsistent with the State Density Bonus Law or the Housing Accountability Act, nor did HCD advise the City that the requested incentive or concession must be granted. Instead, HCD encouraged the parties to continue evaluating potential mitigation measures that could address any identified public health or safety concerns.

In the appeal letter dated June 22, 2026 (Exhibit F), the applicant has suggested that protective bollards could provide sufficient protection for the existing utility poles in lieu of undergrounding. Staff concludes that bollards are not an equivalent alternative because they address only one potential hazard, vehicle collisions, while leaving the overhead electrical system vulnerable to weather, equipment failure, pole deterioration, vegetation impacts, and other causes of outages. Unlike undergrounding, bollards do not improve system reliability or infrastructure resiliency. In addition, depending on the location and configuration, the placement of bollards may interfere with or obstruct required pedestrian paths of travel, potentially creating accessibility constraints and conflicts with applicable accessibility requirements under the Americans with Disabilities Act (ADA).

Rigid barriers may create their own roadside hazards, while flexible barriers primarily 463
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF THE PLANNING COMMISSION’S JUNE 17, 2026 ACTION ON THE 210-UNIT RENTAL HOUSING PROJECT LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND MOUNTAIN AVENUE (6210 RIVERSIDE DRIVE), WHICH RECEIVED A 3-3 VOTE AND, THEREFORE, DID NOT RESULT IN AN APPROVAL OR DENIAL OF THE PROJECT. THE APPLICANT IS ALSO APPEALING PUBLIC WORKS CONDITION OF APPROVAL NO. 2.2, WHICH REQUIRES THE

UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION PURSUANT TO THE STATE DENSITY BONUS LAW.

PAGE: 7
serve as deterrents or visibility enhancements. For these reasons, staff finds that the proposed protective measures would provide some mitigation but would not satisfactorily mitigate or avoid the impacts associated with retaining the overhead system. As a result, staff does not find that retaining the overhead system with these measures provides a satisfactory alternative to undergrounding.

State Density Bonus Law
The SDBL requires a local agency to grant a requested incentive unless it makes one of the statutory findings authorizing denial. Based on staff’s review of the administrative record, staff concludes that the denial of the requested incentive is supported by Finding No. 2 of Planning Commission Resolution No. PC2026-005 and the corresponding finding set forth in City Council Resolution No. 2026-057. Staff further concludes that retaining Condition No. 2.2 is necessary to advance substantial governmental interests related to public health, public safety, and the reliable operation of public infrastructure.

These interests are supported by substantial evidence contained in the administrative record, including the evidence presented and considered as part of the project review.

Severe Penalties for Violation the Law
The appellant states that the Planning Commission’s denial of the 210-unit project may violate the Housing Accountability Act (HAA) and State Density Bonus Law (SDBL), particularly because the Commission did not adopt the written findings required to support denial. The letter emphasizes the City’s RHNA obligations and need for additional housing, including affordable housing, and states that the project would make a significant contribution toward the City’s lowincome housing goals. The attorney further contends that an unlawful denial could expose the City to statutory penalties, attorney’s fees, and other remedies, estimating a minimum penalty of $2.1 million based on the HAA’s statutory minimum fine of $10,000 per unit, with potentially greater penalties if a court were to find bad faith. The letter also alleges that certain Planning Commission actions reflected bad faith and cites a 2023 court decision involving the City of Calabasas as an example of the potential consequences of noncompliance with the HAA. The applicant therefore requests that the City Council comply with applicable state housing laws and approve the project, including the requested density bonus, incentive, and waivers, while reserving all rights and remedies.

Staff response
At the Planning Commission hearing, staff provided both a written and oral staff report recommending approval of the project and identifying the applicable findings and development standards supporting the recommendation. As noted previously, the Planning Commission considered three separate motions to approve the project, each of which received a second but subsequently failed on a 3-3 vote. Accordingly, the Planning Commission did not take affirmative action to deny the project and did not adopt findings of denial; rather, the motions to approve the project failed to obtain the required majority vote. In staff’s review, Site Approval PL25-0022 was determined to satisfy the applicable requirements of the Chino Municipal Code 464
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF THE PLANNING COMMISSION’S JUNE 17, 2026 ACTION ON THE 210-UNIT RENTAL HOUSING PROJECT LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND MOUNTAIN AVENUE (6210 RIVERSIDE DRIVE), WHICH RECEIVED A 3-3 VOTE AND, THEREFORE, DID NOT RESULT IN AN APPROVAL OR DENIAL OF THE PROJECT. THE APPLICANT IS ALSO APPEALING PUBLIC WORKS CONDITION OF APPROVAL NO. 2.2, WHICH REQUIRES THE

UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION PURSUANT TO THE STATE DENSITY BONUS LAW.

PAGE: 8
(CMC) and to be consistent with the City’s General Plan, Zoning Code, Affordable Housing Overlay District, applicable objective development standards, and applicable State housing laws. Staff therefore recommended approval of the project, with the specific findings supporting that recommendation set forth in Planning Commission Resolution No. PC2026-005.

Public Notice
A 10-day notice was mailed to all property owners within a 300-foot radius of the project site. In addition, a notice was published in the Chino Champion on August 22, 2026. The notice meets legal noticing requirements. The comments or responses received in response to the public notice through the posting of the agenda are attached in Exhibit “H.” Separately, the City received a letter dated July 1, 2026 expressing support for the project The letter was submitted proactively and was not in response to the public notice and is included as Exhibit “I.”

CONCLUSION
The project is consistent with the General Plan, zoning, the Affordable Housing Overlay District, and applicable objective development standards, the City's discretion to deny the project is substantially limited under the Housing Accountability Act to findings of specific adverse impact on public health or safety; and, that there is no feasible method to satisfactorily mitigate or avoid the adverse impact.

Accordingly, staff recommends approval of PL25-0022 (Site Approval) based upon the findings and subject to the departmental conditions of approval.

The remaining issue is whether the applicant's requested concession to eliminate the undergrounding requirement should be granted. Staff concludes that Condition No. 2.2 serves important public health and safety objectives by improving utility reliability, reducing the vulnerability of electrical infrastructure to external hazards, and enhancing service resiliency for future residents. Staff also concludes that protective bollards are not an equivalent alternative because they do not provide comparable reliability or protection from the full range of hazards affecting overhead utility facilities and create their own safety risks. There is no feasible method to satisfactorily mitigate or avoid the adverse impact.

Accordingly, staff recommends that the City Council grant the appeal for the limited purpose of approving PL25-0022, while affirming Condition of Approval No. 2.2 and thus denying the requested concession to eliminate the undergrounding requirement based on the findings in City Council Resolution No. 2026-057.

Attachments:

Exhibit A - City Council Resolution No. 2026-057
Exhibit B - Planning Commission Conditions of Approval
Exhibit C - Planning Commission staff report and exhibits [LINKED] Planning Commission 6-17-2026 File #: 26-300
465
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: CONSIDER THE APPLICANT’S APPEAL OF THE PLANNING COMMISSION’S JUNE 17, 2026 ACTION ON THE 210-UNIT RENTAL HOUSING PROJECT LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND MOUNTAIN AVENUE (6210 RIVERSIDE DRIVE), WHICH RECEIVED A 3-3 VOTE AND, THEREFORE, DID NOT RESULT IN AN APPROVAL OR DENIAL OF THE PROJECT. THE APPLICANT IS ALSO APPEALING PUBLIC WORKS CONDITION OF APPROVAL NO. 2.2, WHICH REQUIRES THE

UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES AND DENIES THE APPLICANT’S REQUESTED CONCESSION PURSUANT TO THE STATE DENSITY BONUS LAW.

PAGE: 9
Exhibit D - Draft PC Resolution PC2026-005
Exhibit E - Appeal Application dated June 22, 2026
Exhibit F - Appeal Letter from the applicant dated June 22, 2026 Exhibit G - HCD email, dated June 16, 2026
Exhibit H - Comments received in response to public notice Exhibit I - Letter from Housing Action Coalition in favor of approving the project 466
01225.0005/813665.1
RESOLUTION NO. 2026-057

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, APPROVING BCT DEV. ACQUISITION COMPANY’S APPEAL TO APPROVE PL25-0022 (SITE APPROVAL), A REQUEST TO
CONSTRUCT A 210-UNIT RESIDENTIAL RENTAL COMMUNITY
CONSISTING OF 25 TWO- AND THREE-STORY RESIDENTIAL BUILDINGS AND A RECREATION BUILDING ON 7.9 ADJUSTED GROSS ACRES OF LAND AT A DENSITY OF 26.6 DWELLING UNITS PER ACRE WITHIN THE CO (COMMERCIAL OFFICE) AND RD4.5 (RESIDENTIAL 4.5 DWELLING

UNITS PER ACRE) ZONING DISTRICTS WITHIN THE AFFORDABLE

HOUSING OVERLAY (AHO) LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND MOUNTAIN AVENUE (APN: 1015-511-27) AND DENYING THE PORTION OF THE APPEAL TO REMOVE PUBLIC WORK’S CONDITION OF APPROVAL NO. 2.2, WHICH REQUIRES THE
UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINE.

WHEREAS, BCT Dev. Acquisition Company (the “Applicant”), filed a preliminary application with the City of Chino (the “City”) on September 18, 2025 and subsequently filed an application on February 26, 2025 for approval of PL25-0022 (Site Approval) (the “Project”) to construct a 210-unit residential rental community consisting of 25 two- and three-story residential buildings and a recreation building on 7.9 adjusted gross acres of land at a density of 26.6 dwelling units per acre within the CO (Commercial Office) and RD4.5 (Residential 4.5 dwelling units per acre) zoning districts within the Affordable Housing Overlay. The project is located at the northwest corner of Riverside Drive and Mountain Avenue (APN: 1015-511-27); and WHEREAS, on June 17, 2026, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, and, after entertaining the written and oral report of staff, and taking public testimony, the Planning Commission failed to approve PL25-0022 (Site Approval) in a 3-3 deadlocked vote; and
WHEREAS, BCT Dev. Acquisition Company (the “Appellant”) filed a timely appeal of the approval of the project; and
WHEREAS, on September 1, 2026, the City Council held a duly noticed public hearing to consider applicant’s appeal.

NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions on the appeal and on PL25- 0022 (Site Approval):

1. PL25-0022 (Site Approval)
467
RESOLUTION NO. 2026-057

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01225.0005/813665.1
a. The proposed Project is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s), as General Plan Goal LU-1 aims to enhance livability in the City, with Objective LU-1.1 encouraging a variety of housing types that meet the housing needs of residents of all income levels in Chino. Further, the Project is a proposal for a 210-unit for sale community located within the Affordable Housing Overlay (AHO) and has been designed to meet applicable development standards and design guidelines, with the exception of specified deviations from standards, or waivers, as is permitted by SDBL; b. The proposed Project is permitted within the zoning district in which it is proposed and complies with all applicable provisions of the City's Zoning Code. The Project site is located within the AHO, which allows for residential projects with affordable units. The proposed Project is for the development of 25 two- and three-story buildings, with 210 units, totaling 423,588 square feet on 7.9 adjusted gross acres of land at a density of 26.6 units per acre, and offering 10 percent of low-income units, which is permitted per the AHO. The Project complies with development standards, with the exception of the requested waivers pursuant to State Density Bonus Law (SDBL) in the AHO ordinance;
c. The subject site is physically suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of use proposed, as all minimum zoning requirements governing parcel size, shape, access, type and intensity of development have been met or exceeded. The proposed residential development is consistent with development standards in the AHO ordinance and with the development guidelines and standards of the City’s Zoning Code, with the exception of specified deviations from standards, or waivers, as is permitted by SDBL. Additionally, the appropriate infrastructure and public improvements are conditioned to be constructed with the development; d. The subject site for the Project relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed Project, in that the Project site will have direct access from Riverside Drive and Mountain Avenue, which have been designed to carry the type of traffic visiting the site;
e. The proposed Project is compatible with those on abutting properties and in the surrounding neighborhood, in that the Project consists of a 210-unit for-rent residential community consisting of 26 residential buildings surrounded by commercial uses to the east and west, and residential uses to the north and south.

The site plan and architectural design incorporate appropriate transitions to the adjacent single-family homes by providing a fifteen-foot setback along the northern property line, a ten-foot setback along the western property line, and stepping the building down to two stories along the north and west property lines to minimize massing near existing residences. The Project has been designed in compliance with all applicable development standards and design guidelines of the Affordable Housing Overlay;
f. The proposed location, size, and operating characteristics of the proposed Project will not be detrimental to the public interest, health, safety or general welfare, as the proposed residential use is consistent with the AHO. In addition, certain safeguards have been required of the proposed Project, which the Planning 468
RESOLUTION NO. 2026-057

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Chino City CouncilSeptember 1, 2026

Chino City Council
September 1, 2026