DATE: DECEMBER 4, 2024
TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: ANDREA GILBERT, CITY PLANNER
SUBJECT
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Study Session for Comprehensive Zoning Code update related to Zoning Code Modernization, Overall Organization, Objective Standards and State Law Compliance.
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RECOMMENDATION
Receive a presentation on potential amendments to zoning standards and provide input to the Draft Zoning Code Update, anticipated for release in Spring 2025.
BACKGROUND
As part of the General Plan Update project, the City is also undertaking a comprehensive update to the Zoning Code. Given the volume of detailed material to review with the Commission, staff has proposed to divide the material into three separate modules and review each module with the Commission at a series of study sessions. The first study session was held on November 6, 2024, and covered parking standards and “Good Neighbor” standards for industrial uses. This meeting is the second of three planned study sessions and will cover code organization, retiring older Specific Plans, amendments for administration and permit streamlining, and amendments to standards for compliance with State law. The intent is to provide an overview of these topics, allow an opportunity for clarifying questions from Commissioners, and receive feedback on the initial concepts proposed prior to preparation of the Public Review Draft 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 the Draft Zoning Code Update.
Based on direction from the Commission, the Draft Zoning Code Update will be prepared and circulated for public review in the Spring of 2025. Formal adoption hearings for the Zoning Code Update are anticipated in Summer 2025, following adoption hearings for the 2045 General Plan and Environmental Impact Report.
ISSUES AND ANALYSIS
The focus of this second study session is on amendments to modernize the Code, making it easier to use, providing greater predictability in the project development process by use of objective design standards and ministerial approvals; and bringing it into compliance with new State law. Specifically, amendments to be reviewed with the Commission at this study session will cover:
• Organization of the Updated Zoning Code;
• Retiring Older Specific Plans that have served their purpose;
• Amendments for Administration and Permit Streamlining; and
• Amendments to Standards for Compliance with State Law.
The following discussion provides an overview of the proposed amendments and the rationale for making them.
Organization of the Updated Zoning Code
As a general rule, planning and zoning regulations should follow a logical structure so that the document is easy to use and amend over time. Title 20 of the Chino Zoning Code largely follows this principle. The basic arrangement of chapters in Title 20 is a result of a comprehensive update to the Zoning Code that occurred in 2010 as part of the Envision Chino 2025 General Plan Update. The current Zoning Code is sound, and the regulatory text is well-written. Various amendments to the Zoning Code have been adopted since 2010, with additions needed to implement the 2045 General Plan. To modernize the Zoning Code, a hierarchical framework for the Zoning Code may be helpful, grouping chapters in separate series related to the overall Code organization (e.g. introductory provisions, base zones, overlay zones, special districts, supplemental regulations applying citywide, and Code administration). This will make it easier for Code users to find key provisions and for new information to be added later without extensive reorganization and renumbering. Many peer communities divide their codes into series, divisions, or parts, making them more understandable and accessible for users.
With this in mind, Title 20 would be organized into a logical sequence of chapters grouped together into seven “series” as follows:
• 100 Series: Introductory Provisions would establish the overall organization and applicability of the regulations. This series also would establish the purpose of the Code, the authority for its establishment, and rules for construction of language and for measurements such as height, lot width, and floor area, that are applicable throughout the Code. Chapters 20.01, 20.02 and 20.03 would be in this series.
• 200 Series: Base Districts would specify the land use and development and design standards for each of the base zones, which would correspond to the land use designations in the General Plan. Each zone would have a purpose statement, a list of allowed uses specifying whether the use is allowed by-right or the level of discretionary review required, development and design standards applicable to those uses, supplemental regulations addressing any additional concerns, and references to administrative chapters that specify details on required levels of review and permitting procedures. Chapters for the residential, mixed use, commercial, industrial, and agricultural, open space and public zoning districts in the current Zoning Code would be carried forward, and chapters and sections added for new zoning districts for Downtown, Boulevard Mixed Use, Regional Mixed Use, and Employment Mixed Use, and a mixed use designation for other areas of the City. This series would incorporate chapters 20.04 through 20.08.
• 300 Series: Overlay Zones and Planned Development would establish standards that apply to each new overlay zone and carries forward existing chapters with overlay zoning for agriculture, airport, and affordable housing in the AHO and MUO districts adopted last year. The existing overlay district standards will be reviewed and updated, as needed. The Central Avenue Specific Plan section would be repealed. This overlay would identify areas where a master plan is required for a site before individual project approvals would be granted. This will ensure coordinated planning for infrastructure improvements and design standards for various uses and subareas. Other overlay zones may be established if called for in the General Plan Update. This series will include Chapter 20.09 and new provisions for planned development to allow a planned development option for commercial and mixed use development as well as for residential projects.
• 400 Series: Specific Plans would include enabling authority for adoption and implementation of specific plans, such as for The Preserve, and College Park Specific Plans, which will be retained. It would allow these plans to be integrated into the City’s regulatory system and administered efficiently, using existing standards and procedures wherever applicable and appropriate, and identifying area-specific standards which would apply in Specific Plan areas instead of citywide standards. The specific plans for the Eucalyptus Business Park, the Majestic Spectrum area, and East Chino would be repealed. How the Affordable Housing Overlay (AHO) and Mixed Use Overlay (MUO) would apply in specific plan areas would also be explained. Provisions currently in Section 20.23.050 would be moved into this series.
• 500 Series: Additional Use and Development Regulations would include those regulatory standards in Chapters 20.10 through 20.22 that apply generally to all zones, except for Chapter 20.15, the Measure M General Plan Initiative, which would be moved to the 600 Series. These chapters would be reorganized, grouping all general site standards into one chapter, and then having separate chapters for affordable housing provisions and density bonus requirements under State law (supplementing provisions of Section 20.09.090), community benefits and incentives for on-site amenities, lighting standards, noise regulations, provisions for nonconforming uses and structures, standards for parking and loading, standards for specific land uses, performance standards applicable to all uses, and regulations for transfer of development rights (as identified in the General Plan), transportation demand management, water-efficient landscaping, and wireless communications facilities.
• 600 Series: Administration and Permits would carry forward administrative sections in Chapter 20.23, reorganized and revised to reflect current State law and requirements for ministerial review for qualifying projects, as well as the Measure M provisions in Chapter 20.15. This series would include the responsibilities of all decision makers and includes a new “common procedures” section that establishes procedures applicable to all types of review and approval, which will streamline the approval process. Chapters on permits would be reorganized, so provisions that are most frequently consulted, such as for a zoning clearance, are presented first, followed by site approval, design review, and then special conditional use permits and temporary use permits, variances, waivers and provisions for reasonable accommodations, and development agreements. Procedures for pre-zoning and annexation, and General Plan amendments then would be presented followed by enforcement provisions, including revocation procedures. Provisions for ministerial approvals for qualifying affordable housing development required by SB 35 and provisions for SB 330 applications for housing development also would be in this series.
• 700 Series: Glossary will carry forward definitions in Chapter 20.24, as amended to include new terms used in the Code amendments and edits of existing terms, as appropriate.
The numbering sequence for chapters and sections would reflect this hierarchy, with the first two digits referring to the title, the next three digits the series, and the last three digits the section number. For example, Chapter 20.01 would be renumbered 20.101, and the first section would be numbered as Section 20.101.010. In the 200 Series, the first chapter on residential districts would be renumbered as 20.201 and the sections would begin with Section 20.201.010.
Retiring Older Specific Plans
Chino has six specific plans, adopted between 1982 and 2004 to guide land use and development in certain areas of the City. While the specific plans were helpful in guiding initial development of the areas covered, in some areas there is little vacant land remaining and the original vision has largely been realized. Therefore, with the General Plan Update it makes sense to retire these older specific plans that have served their useful purpose: the Eucalyptus Business Park Specific Plan, the Majestic Spectrum Specific Plan, the East Chino Specific Plan, and the Central Avenue Specific Plan. Where there are development agreements in place, such as in The Preserve, or where there are remaining development opportunities, such as in College Park, the specific plans should remain in place.
In the case of the Central Avenue and Majestic Spectrum Specific Plans, the 2045 General Plan will apply new land use designations and policy direction reflecting community aspirations for those areas, and in the Eucalyptus Business Park Specific Plan new "good neighbor" policies and standards will be incorporated into the General Plan and Zoning Code to guide redevelopment of underutilized properties. Where the AHO and the MUO apply within these specific plan areas, those zoning designations would remain and the related design and development standards that apply to housing development on these sites also would be carried forward in the Zoning Code Update.
In the case of the East Chino Specific Plan, there are only two vacant parcels left in the Plan Area and one has an active application for development of a mixed use project in the MUO overlay district. With over a dozen uncodified amendments, many of which apply only to a single site, and landscaping requirements that can no longer be feasibly developed, the Plan is increasingly difficult to implement. If the Plan is repealed, citywide standards would apply for redevelopment and any important area-specific standards can be incorporated into the zoning code either through text amendments or with an overlay.
Overall, the land use regulations and design and development standards needed to guide infill and redevelopment in older specific plan areas can be more efficiently addressed by citywide or district-specific requirements, through overlays and by the new mixed use zoning districts proposed as part of the General Plan Update. Changes in parking lot landscaping, bicycle parking requirements, electric vehicle (EV) charging facilities, and parking requirements will change with the Zoning Code Update, and standards to reduce “heat islands” in parking areas will be introduced. Transportation Demand Management is required for the Eucalyptus Business Park but not for the Majestic Spectrum. These could apply to the older specific plans through specific plan amendments, but it would be more efficient to just have all development meet citywide standards.
Amendments for Administration and Permit Streamlining
Amendments related to administration and permit streamlining are proposed to clarify the City’s requirements, streamline the permitting process, and reduce staff time needed to explain procedures. Additionally, amendments to administrative provisions are needed to comply with State mandates set out in Senate Bill 35, Assembly Bill 2011, and Senate Bill 330. These amendments would be located in the 600 Series of the Code and cover:
• Common procedures for administrative approvals;
• New procedures for a temporary use permits;
• Administrative approval for residential development meeting objective standards, removing requirements for Site approvals (correlated with earlier Code amendments for Housing Element implementation);
• Special procedures for qualifying affordable housing development and for replacement housing when existing housing is demolished; and
• Time limits, particularly for Council action following Planning Commission action.
Proposed amendments for administration and permit streamlining are shown in redline in Exhibit A and summarized below. Overall, the amendments are targeted in nature and in line with the directives in State law.
Common Procedures for Administrative Approvals
The City’s current regulations for Administration are generally quite good and reflect best practices. They establish the review authority for various permits and approvals and the specific requirements for zoning clearances, administrative approvals, site approvals, special conditional use permits, and variances as well as for General Plan and Zoning Code amendments, annexations, and specific plan amendments. Several amendments are proposed additions to clarify the City’s requirements, streamline the permitting process, and reduce staff time needed to explain procedures.
Temporary Use Permits
A streamlined procedure allowing the Director of Development Services to grant use permits for temporary uses is proposed. The specific types of temporary uses for which these permits can be granted would be listed, with time limits for each of them. In some cases, the temporary use would only be allowed in a residential zone, particularly if it would operate for 30 to 60 days, while a performance or dance, which would be held on a single day, might be permitted in a residential neighborhood. Findings would be required for an approval, and the Director of Development Services could impose conditions, such as regulation of ingress and egress and traffic circulation; fire protection and access for fire vehicles; regulation of lighting; regulation of hours and/or other characteristics of operation; and removal of all trash, debris, signs, sign supports and temporary structures and electrical service. The Director’s decision would be appealable.
Procedures for Senate Bill 35
Senate Bill (SB) 35 (adopted in 2018) (as extended by SB 423 in 2023) requires cities to allow qualifying development projects with certain minimum affordable housing guarantees to move more quickly through the local government review process and restricts the ability of Chino to reject these proposals. This is a voluntary program that a project sponsor may elect to pursue, provided that certain eligibility criteria are met. Chino is one of 238 jurisdictions in California that have not made sufficient progress toward their Lower income RHNA (Very-Low and Low income) and are therefore required to offer a streamlined approval process for proposed developments with at least 50 percent affordability. SB 423 removed the requirement for CEQA analysis, however notification to California Native American tribes is required. Some cities in the Inland Empire, such as Pomona and Riverside, have codified similar procedures; others have simply created a procedure for ministerial review and rely on counter handouts of forms for SB 35 applications. Riverside’s provisions are most similar to those proposed for Chino; they track the Government Code requirements.
Procedures for Assembly Bill 2011
Government Code Sections 65912.100 - 65912.140 (also known as AB 2011), require the City to review qualifying housing development projects in commercial zones using a streamlined ministerial review process that is essentially the same as for SB35/SB423 without tribal consultation. Eligible projects that meet State criteria also must comply with the City’s objective planning standards, provide specified levels of affordable housing, and meet other specific requirements, as detailed in an AB 2011 Supplemental Application - Eligibility Checklist.
Applicants intending to invoke the AB 2011 Streamlined Ministerial Review approval process must complete a Streamlined Ministerial Review Process Application and the AB 2011 Eligibility Checklist and provide supporting documentation for each item (as applicable) to demonstrate eligibility. Additional materials include project plans (i.e., site plan, floor plan, demolition plan, elevations, building cross-sections, and conceptual landscape and civil plans) and a table or checklist demonstrating compliance with all objective design and development standards. The Development Services Department would review the submitted materials and make a determination on whether the project complies with AB 2011 criteria. As with SB35/SB423 projects, the Director would be the decision-maker, or the Director could forward the determination to the Planning Commission for consideration as part of a ministerial design review process. This optional design review and public oversight is specifically provided for by AB 2011.
Procedures for Senate Bill 330
Senate Bill (SB) 330, “The Housing Crisis Act of 2019,” was signed into law by Governor Newsom on October 9, 2019, and went into effect on January 1, 2020. The bill established a statewide housing emergency for five years, until January 1, 2025; SB 8 subsequently extended its term to 2030. The purpose of enacting the Housing Crisis Act was to suspend certain restrictions on new housing developments and expedite the permitting of housing developments. Specifically, SB 330 allows an applicant to submit a Preliminary Application for any housing development project with two or more units that is at least two-thirds residential by floor area or transitional and supportive housing projects. By submitting the Preliminary Application and complying with the timelines set forth in the Government Code, applicants can vest the zoning and objective design standards in effect at the time of application as well as fees such as Development Impact Fees (DIF). SB 330 also limits the number of public project hearings to five. Eligible projects are required to comply with existing zoning and General Plan requirements as well as with the California Environmental Quality Act (CEQA). CEQA hearings or hearings related to zoning variances or code exemptions are not included in the public hearing limit.
Specific Procedures for Replacement Housing (Assembly Bill 98)
In the City’s 2012-2029 Housing Element, Program 3H calls for the City to adopt and implement a replacement housing program for units lost in compliance with State law (Assembly Bill 98). The replacement of lower income units affordable to the same or lower income level must be required as a condition of any development on a non-vacant site identified in the Housing Element, consistent with those requirements set forth in Government Code Section 65915(c)(3). Replacement requirements apply to sites identified in the inventory that currently have residential uses, or within the past five years (based on the date the application for development was submitted) have had residential uses that have been vacated or demolished with some clarifying provisions. The Code amendments would be added to Chapter 20.603, Specific on Procedures for Approvals and Permits, and would stipulate that the City will not approve a housing development project that requires the demolition of residential dwelling units regardless of whether the parcel was listed in the inventory unless the project will create at least as many residential dwelling units as will be demolished, and the affordability criteria stipulated in Government Code section 66300(d) are met.
Amendments to Standards for Compliance with State Law
The Housing Element identifies several targeted amendments to regulations in several of the implementation programs needed for compliance with State law. These amendments apply to the following specific land uses: Group Homes, Low Barrier Navigation Centers, Manufactured Housing, and Transitional and Supportive Housing. The Zoning Code will be updated to allow these uses in the appropriate zoning district and establish standards for each of these uses. The Zoning Code amendments will also add regulations and standards for uses identified by City staff that may need additional regulations and clarification. Some of these uses include Automotive Sales, Commercial Nurseries, Massage and Tattoo Establishments, Self-Storage Facilities and Smoke Shops. The proposed amendments are shown in redline in Exhibit B. Overall, the amendments are targeted in nature and in line with the directives in State law.
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.