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 PL250022 (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:
The foregoing recitals are true and correct and incorporated herein.
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):
PL25-0022 (Site Approval)
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; 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; 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; 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; 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; 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”; The proposed Project will not have a significant adverse impact on the environment as the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.66, as enacted by Assembly Bill 130 which became effective July 1, 2025; and 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 City Council. In addition, certain safeguards have been required of the proposed Project, which the City Council deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.
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, 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 and therefore do not provide an effective substitute for undergrounding. Consistent with the information presented to the Planning Commission, the City Council finds that safety concerns have been identified through project records, and the introduction of additional traffic to the area would exacerbate those existing concerns. 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.
No Net Loss. The project site was identified in the Housing Element sites inventory with a potential of 208 low- and very-low income affordable units. To ensure that sufficient capacity exists in the Housing Element to accommodate the Regional Housing Needs Allocation (RHNA) throughout the planning period, especially to accommodate the lower-income units, the Housing Element identified a buffer of 1,561 low- and very low-income affordable housing units. With the approval of this project, a buffer of 626 units remain, which is approximately 119% of the remaining RHNA allocation for low- and very low-income housing. Therefore, with the development of this site with residential uses, sufficient sites will remain available to accommodate the City’s remaining unmet RHNA for each income category, and approval of this project is compliant with the No Net Loss Law.
CEQA Findings. The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.66, as enacted by Assembly Bill 130 which became effective July 1, 2025. This statutory exemption applies to infill projects that are consistent with the General Plan and Zoning Requirements, are located on sites of no more than 20 acres that are substantially surrounded by urban uses, do not contain habitat for endangered, rare or threatened species; would not result in significant environmental impacts related to traffic, noise, air quality, or water quality, and is located on a site that can be adequately served by utilities and public services. The proposed Project satisfies the eligibility criteria for this exemption. Specifically, the Project is located on an approximately eight-acre site that is fully surrounded by existing urban development, is consistent with applicable land use regulations, does not contain habitat for protected species, and is adequately served by existing infrastructure and public services. Therefore, the Project qualifies for the statutory exemption set forth in PRC Section 21080.66.
Approve the appeal to approve the project and grant approval of PL25-0022 (Site Approval) and denying the portion of the appeal to remove the Public Work’s Condition of Approval No. 2.2, which requires the undergrounding of existing overhead utility line. The City Council hereby approves the appeal and approves PL25-0022 (Site Approval) subject to the Conditions of Approval attached hereto as Exhibit “A”. Applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.
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 1st DAY OF SEPTEMBER 2026.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
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 1st 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 A – Conditions of Approval
01225.0005/813665.1
01225.0005/813665.1
resolution no. 2026-057