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 PL250067 (Site Approval) and PL25-0068 (Tentative Tract Map No. 20794) (the “Project”) to construct a 100-unit residential for-sale project consisting of 17 threestory 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 PL250067 (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:
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 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:
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, 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.
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.
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.
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 B – Conditions of Approval to the Planning Commission staff report 01225.0005/813665.1
01225.0005/813665.1
resolution no. 2026-056