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PL25-0067 (SA) and PL25-0068 (TTM 20794)
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LOCATION MAP
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).
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SURROUNDING ZONING AND LAND USE:
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Existing Land Use |
General Plan |
Zoning District |
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Project Site - |
Residential |
GC (General Commercial) |
CG (General Commercial) with a portion in the Affordable Housing Overlay (AHO) |
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North - |
Commercial |
GC (General Commercial) |
CG (General Commercial) |
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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) |
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South - |
Residential |
RD4.5 (Residential 4.5 Dwelling Units/Acre) |
RD4.5 (Residential 4.5 Dwelling Units / Acre) |
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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 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.
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:
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Item |
Proposed |
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Project Area - |
3.76 adjusted gross acreage + 0.17-acre lettered lot |
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No. Lots - |
1 lot and 1 lettered lot |
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Density - |
26.6 du per acre/ 26-30 du/acre |
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No. of Buildings - |
17 residential buildings |
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Building Area - |
Residential buildings 217,704 square feet (three stories) - 100 units |
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Lot Coverage - |
44% proposed (AHO lot only)/ 65% maximum allowed |
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Landscape Coverage - |
20% without the lettered lot / 24% with the lettered lot / 15 % required |
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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 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.
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 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. Staff and the City Attorney have determined that the concession to waive the undergrounding requirement does not meet will result in a significant adverse impact on public health or safety; therefore, the request does not meet the findings for approval. The finding for denial can be referenced in Section 3 of Planning Commission Resolution No. PC2026-0004, 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 as 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 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-to-door 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, no comments have been received. 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 D.
Attachments: Exhibit A1 - Project Description with waiver requests
Exhibit A2 - Waiver Exhibit
Exhibit B - Memo
Exhibit C - Email from resident
Exhibit D - Exemption report