DATE: FEBRUARY 19, 2025
TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: ANDREA GILBERT, CITY PLANNER
SUBJECT
Appeal of a request for interpretation by the Director of Development Services for the calculation and enforcement of Floor Area Ratio ("FAR") in the Mixed Use Overlay District ("MUO").
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RECOMMENDATION
Deny the appeal and uphold the interpretation of the Zoning Code made by the Director of Development Services regarding the calculation and enforcement of FAR in the MUO district.
BACKGROUND
On December 5, 2024, the Director of Development Services ("Director") made a written decision concerning the administration and enforcement of Floor Area Ratio ("FAR") in the MUO. This decision came in response to an email received on December 3, 2024 by Chino resident Robert Nigg requesting clarification on FAR (Attachment A). On December 13, 2024, Mr. Nigg ("Appellant"), submitted an appeal application (Attachment B) appealing the written interpretation of the Zoning Code by the Director as it relates to the administration and enforcement of FAR.
The 2021-2029 Housing Element ("Housing Element") describes two overlay districts - MUO and Affordable Housing Overlay ("AHO"). These overlay district sites were placed on 91 locations throughout the City pursuant to Measure Y, which was approved by Chino's voters in June 2022. Measure Y necessitated voter approval due to the requirements of the City's existing residential growth measure (Measure M, approved in 1988), which requires that any change that increases the residential density of an existing residential property or changes the property from non-residential to residential requires the vote of the residents of the City. The overlay districts for the Affordable Housing Ordinance were adopted by the City Council in April 2023. This ordinance is required to implement the programs, goals and actions outlined in the Housing Element. The ordinance was amended in December 2024 due to changes requir...
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