DATE: APRIL 2, 2025
TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
title
Study Session for the Preliminary Draft Zoning Amendments to Implement Proposed 2045 General Plan Concepts for Key Opportunity Areas
end
RECOMMENDATION
Receive a presentation on potential amendments to zoning standards and provide advance input for the Public Review Draft Zoning Code Update, anticipated for release in Summer 2025.
BACKGROUND
On July 30, 2024, the City Council and the Planning Commission reviewed the Preferred Land Use Plan and Key Strategies for the 2045 General Plan Update (Preferred Plan), directing staff to move forward with preparation of the Draft General Plan Update. As part of the General Plan Update project, the City is also undertaking a comprehensive update to the Zoning Code. The Zoning Code implements the General Plan, so as the General Plan is revised, the Code needs to be updated to reflect the new direction it contains. Additionally, certain outdated aspects of the Zoning Code need to be modernized and aligned with new State laws.
Given the volume of detailed material to review with the Commission, staff proposed to divide the material into three separate modules and review them with the Commission at a series of study sessions. Tonight's study session is the third of three, focused on zoning amendments to implement 2045 General Plan concepts for key opportunity areas. The intent at each study session is to provide an overview of proposed zoning amendments, allow an opportunity for clarifying questions from Commissioners, and receive feedback on the initial concepts proposed prior to preparation of the Public Review Draft Zoning Code. No formal action will be taken by the Commission at the study sessions, which are intended as a forum for advance input from the Commission to inform the Public Review Draft Zoning Code Update.
Based on direction from the Commission the preliminary draft zoning amendments will be refined and incorporated into the Draft Zoning Code Update, then circulated for public review in the Summer of 2025. Formal adoption hearings for the Zoning Code Update are anticipated later in 2025, following adoption hearings for the 2045 General Plan and Environmental Impact Report.
ISSUES AND ANALYSIS
The Preferred Plan proposes new land use designations to implement the community vision for four key areas of Chino shown on Map 1: Regional Mixed Use, Boulevard Mixed Use, Downtown, and Employment Mixed Use. Attachment A to this packet includes preliminary draft zoning amendments with use tables and development standards to implement the new land use designations, drawing on standards currently in place in Chino and best practices from other peer communities in California. Employment Mixed Use is not included as it is entirely within The Preserve Specific Plan area and will be addressed through a specific plan amendment. Additionally, the preliminary draft amendments introduce a framework to plan and zone for large vacant areas that could be annexed or acquired by the City in the future, as well as modifications to development standards in the Service Commercial Zone on Central Avenue responding to feedback on the current standards from property and business owners.
Amendments for New Land Use Designations
Regional Mixed Use
The Regional Mixed Use (RMU) zone applies to regional shopping centers in the Philadelphia/Central area and in the Majestic Spectrum, near the intersections of Grand Avenue, Pipeline and the 71 Freeway, which are envisioned as regional destinations for shopping, entertainment, and recreation. Standards for the proposed RMU zone expand the range of permitted uses and are intended to facilitate redevelopment, revitalization, and the economic viability of the centers over time. New uses permitted include commercial recreational uses (such as a sports center for aquatics or volleyball), public facilities (such as a medical complex), and professional offices. Multifamily housing is only permitted on sites where the City previously adopted the Mixed Use and Affordable Housing Overlays to implement the 2021-2029 Housing Element.
Development standards for the RMU zone maintain what is already in place for these commercial centers with some amendments to help promote a pedestrian orientation within the malls and make them more attractive places to spend time. The standards establish requirements for ground floor transparency and the orientation of entrances to promote walkability and visual interest. The standards also call for varied roof lines and façade articulation to enhance aesthetic character and require the installation of shade structures, walkways, and trees for a more pleasant environment, particularly in the summer.
The proposed floor area ratio (FAR) standards are structured to incentivize the provision of onsite amenities. Maximum permitted FAR ranges from 0.3 to 1.0 for smaller parcels (less than 15,000 square feet) and from 0.3 to 0.7 FAR for larger parcels (greater than 15,000 square feet), with the lower end of the scale permitted by right and more FAR permitted up the maximum if a project proponent provides amenities such as outdoor dining; mini-parks, plazas, and seating areas; family-friendly facilities; EV fast charging stations; and public art. Bonus FAR would be granted on the basis of a points system which recognizes that some amenities are more expensive to construct and more valuable to the community, while others are easier to provide. Table 20.502-3 in Attachment A identifies desired amenities, establishes minimum requirements, and assigns a maximum number of points for each amenity. Bonus FAR is then calculated on the basis of the formula in 20.202.050(B)(1): for example, on a smaller parcel a proposed amenity worth 10 points would be entitled to a bonus of 0.1 FAR, while a proposed amenity worth 50 points would be entitled to a bonus of 0.5 FAR.
The points-based system offers clarity for the developer and is simpler to administer than case-by-case negotiations. All proposed amenities would be subject to design review by the Planning Commission and a conditional use permit (CUP) would be required to allow for conditions of approval to be set. The preliminary zoning amendments also outline an alternative method for calculating FAR bonus based on the percentage of the total construction cost that is allocated for the proposed amenity. For each 0.5 percent of the total project construction cost that is dedicated to constructing the amenity, a 1.25 percent FAR bonus would be available. Developers electing to use this method would be required to submit proof of construction costs, which would be peer reviewed by third party experts for verification.
The concept of bonus FAR in exchange for in-site amenities has been used successfully in other California communities. The City of Emeryville in the Bay Area has been using a similar points-based system to incentivize amenities in shopping centers for about 10 years. West Hollywood offers FAR in exchange for historic preservation and streetscape improvements in some areas.
At the study session, Planning Commission input on the following questions is desired:
• Do the amenities listed on Table 20.502-3 in Attachment A reflect the appropriate community priorities?
• Would you recommend adding or adjusting any of the items listed on
Table 20.502-3?
• Should an alternative bonus calculation methodology (such as one based on construction costs) be provided?
Boulevard Mixed Use
The Boulevard Mixed Use zone applies to certain centrally located segments of Riverside Drive and Central Avenue, south of the 60 Freeway. The intent is to promote redevelopment and revitalization of older mid-sized shopping centers, which are envisioned as attractive activity hubs with shops, restaurants, personal services, and entertainment for local residents. As with the RMU zone, multifamily housing is only permitted on sites where the City previously adopted the Mixed Use and Affordable Housing Overlays to implement the Housing Element, and the development standards maintain what is already in place for these commercial centers with some amendments to help promote a pedestrian orientation within the malls and make them more attractive places to spend time. The points-based system offering bonus FAR in exchange for amenities will also apply in the BMU. This strategy is intended to incentivize the provision of mini-parks, children's play areas, and outdoor seating areas adjacent to residential areas to help provide publicly accessible recreational spaces in the northern part of the city, which is largely built out and has few vacant sites for new parks. Maximum permitted FAR ranges from 0.3 to 1.0 for smaller parcels (less than 15,000 square feet) and from 0.3 to 0.7 FAR for larger parcels (greater than 15,000 square feet), with the lower end of the scale permitted by right and more FAR permitted up the maximum if a project proponent provides amenities such as outdoor dining; mini-parks, plazas, and seating areas; family-friendly facilities; EV fast charging stations; and public art.
The preliminary draft zoning amendments also include provisions which allow for the transfer of FAR between sites in the BMU zone. This is intended as an additional incentive to encourage the redevelopment of properties and to address development constraints at play in the area, where ownership patterns make redevelopment challenging. Today within the BMU zone, the parcels that make up a given center are sometimes owned by different entities, which can be a barrier to coordinated redevelopment, while in other cases, the owners may have minimal debit obligations which makes even a limited revenue stream from existing tenants more attractive than the significant investment needed for infill redevelopment. Under these provisions, one owner can purchase excess FAR from another property and apply it to their property to increase allowable FAR on their property up to a maximum of 1.25. The provision of onsite amenities would be required to reach the maximum and the points-based system would be used to establish the amenities required for the bonus FAR the property owner or developer requests.
With this system, the onus is on the individual property owner or developer seeking the bonus to negotiate with other owners. The transfer would need to be done through a legal mechanism agreed to by both property owners and registered with the San Bernardino County Clerk-Recorder’s Office. Once the transfer is completed, the maximum permitted FAR on the sending site would be capped at the remaining capacity. For example, a site with a maximum FAR of 1.0 whose owner sells 0.5 FAR of unused development rights to another owner could only be developed up to a maximum of 0.5 FAR after the transfer is complete.
Transfer of development rights programs such as this have been used throughout the U.S. for decades. They are used to incentivize the preservation of historic resources, natural resources, or open space or to help catalyze development and revitalization in settings such as downtowns. For example, the City of Los Angeles has a transfer of floor area ratio which permits the transfer of floor areas between properties within the City Center Redevelopment Plan Area in exchange for either the provision of public benefits or the payment of an in-lieu fee.
At the study session, Planning Commission input on the following questions is desired:
• Should the General Plan or the Zoning Code identify specific locations within the BMU where additional FAR and amenities are most desired?
Downtown
Shown in Map 2, the downtown area is roughly bounded by B Street, Fifth Street, Chino Avenue and Ninth Street. Based on community input, the General Plan envisions this area as a distinct at the heart of Chino to serve as a focal point for civic, cultural, and community life with a vibrant mix of business, entertainment, residential, cultural, and civic uses to activate the area throughout the day and into the evening. Four downtown zoning districts are proposed to implement this concept and guide redevelopment over time to achieve the vision:
• Downtown Core (DC) - This zone permits the highest intensity of development along D Street and Seventh Street to create a distinctive, walkable mixed use core between Sixth and Central, south of C Street. A variety of retail, restaurant, office, institutional, and public uses are permitted consistent with a traditional downtown. Housing is allowed only where permitted by a Measure M vote or pre-existing zoning. Maximum permitted FAR is up to 2.0 and maximum density is 30 units per acre where allowed.
• Downtown Residential (DR) - This zone transitions from the Core to surrounding residential neighborhoods, with medium density residential uses permitted including duplexes, triplexes, townhouses, and multi-family housing where permitted by a Measure M vote or pre-existing zoning. Permitted density in this zone is from 20 to 25 units per acre.
• Downtown Commercial-Mixed Use (DCMU) - This zone allows for a mix of commercial and office uses on the blocks along Central Avenue north of the Downtown Core. Housing is allowed where permitted by a Measure M vote or pre-existing zoning. Maximum permitted FAR is up to 1.0 and maximum density is 30 units per acre where allowed.
• Downtown Public (DP) - This zone permits civic and institutional uses as envisioned in the Civic Center Master Plan, with a civic lawn, public plaza, and space for outdoor events. The maximum allowable FAR is 0.4.
Development and design standards are tailored for each downtown district, mirroring the standards established in the zoning code for commercial and multifamily residential uses. Additional requirements are established to promote pedestrian orientation on D Street and Seventh Street, including reduced front setbacks; requirements for transparency, awnings, and architectural elements that add visual interest; requirements for street trees and amenities. Standards for mixed use and residential buildings require side and rear yards to ensure adequate light and air for residents.
There will be angled parking along D Street and Seventh Street and one or more public parking structures constructed within the Downtown area. Where parking structures are provided, landscaping is required along the lot line adjacent to the sidewalk. Additionally, as an incentive for small locally owned businesses, 500 square feet may be deducted from the total project area when calculating the number of parking spaces required where on-street parking is available or there is public parking within a quarter-mile walking distance.
At the study session, Planning Commission input on the following questions is desired:
• Are there any other considerations that should be accounted for in any of the downtown districts?
• Should the parking incentive for small local businesses be increased to provide additional incentive? Would a 1,000 or 2,000 square foot deduction be more appropriate?
Framework for Large Land Tracts
There are large land areas that may be annexed into Chino or acquired by the City in the future, such as the Stark property across from the airport. The preliminary amendments in Attachment A provide a framework for planning and zoning these types of properties, recognizing that the desired mix of uses may not fit within other zones currently established in the Zoning Code. Two tools are proposed: a Master Plan Overlay and a Planned Development base zone.
Master Plan Overlay
The Master Plan Overlay (MPO) applies to large, unsubdivided areas where integrated planning can help achieve the desired mix of uses while ensuring compatibility with surroundings. To ensure orderly planning for the area, the MPO requires the preparation of a master plan that includes the following components: topography and surroundings; site plan, architectural plan; landscape plan; preliminary development schedule; and development guidelines. A master plan prepared for an MPO area could be prepared either by the City or a developer and would be implemented through a detailed review and approval process. Once approved, all subsequent development projects within the master plan area would need to be consistent with the master plan.
The City of Clovis in Fresno County uses a master plan zoning overlay to implement master-planned communities. The City's Master Plan Community (M-P-C) Overlay District is used for large-scale, mixed-use developments spanning at least 100 contiguous acres. This overlay ensures orderly planning and the creation of efficient, desirable, and stable developments offering a combination of planned land uses.
Planned Development District
The Planned Development District (PDD) is a new base zone that provides flexibility for projects that involve a mix of uses that may not fit within other zones currently established in the Zoning Code. It is a tool that has been used throughout California and the U.S. for decades to accommodate creative projects consistent with the overall general plan vision. PDD zoning is initiated by the property owner or developer, who is required to prepare a PD Plan to plan for land use, circulation and site design and to establish development standards for the site. Once adopted, the PDD zone replaces the prior zoning for the site. The proposed amendments establish a minimum site area of 2 acres (or 1 acre downtown) for a PDD zone to ensure that the tool is not used as an alternative to a variance.
PDD zoning could be used in tandem with the MPO for a site like the Stark property or surplus land at Chaffey College, providing the tools to create zoning for a smaller portion of a master plan area. PDD zoning can also be used to implement future specific plans that the City may develop.
Modifications to Service Commercial Standards
Attachment A also includes some zoning amendments proposed in response to feedback from property owners in the Service Commercial zone along Central Avenue, south of Chino Avenue. Many property owners in the SC zone are long-time Chino residents who own their properties outright and the cost of relocating business and higher property taxes that would result means they are unlikely to sell for redevelopment. Instead, most indicate that they intend to stay, and some would like to expand existing operations. For example, one owner would like to upgrade equipment and add a testing lab on-site. While the existing standards applicable in the SC zone are intended to promote an attractive visual character on this important commercial corridor, property owners indicated that the development standards which apply to their properties act as a constraint on their plans to expand their businesses or substantially improve their properties. Specifically, owners cited the 10 percent minimum landscape coverage standard, and a 25-foot front setback requirement established in the Central Avenue Specific Plan and zoning code, noting that these standards add significant cost and limit the developable area of their sites. Therefore, the preliminary amendments would exempt existing legally conforming uses from these requirements if the owner proposes to alter or expand a building or use on an infill site that will provide economic benefit to the community and fiscal benefits to the City. The Development Services Director would be authorized to allow adjustments in applicable minimum landscaping and maximum lot coverage standards in such cases. The development standards would still apply to new development in the SC zone. This approach is proposed in order to facilitate improvement of existing properties while still helping to promote visual quality along Central Avenue.
PUBLIC NOTICE
Information about this meeting was circulated on various City of Chino social media platforms and sent out to the General Plan update email list of interested individuals.
ENVIRONMENTAL REVIEW
This study session is not a "project" the California Environmental Quality Act (“CEQA”); therefore environmental review is not required.
Attachments:
• Attachment A: Module 3 Preliminary Draft Zoning Amendments
• Map 1: Areas Receiving New Land Use Designations in the 2045 General Plan
• Map 2: Proposed Downtown Districts