Legislation Details

File #: 26-300   
Type: Public Hearings Status: Agenda Ready
File created: 5/18/2026 In control: Planning Commission
On agenda: 6/17/2026 Final action:
Title: PL25-0022 (Site Approval)
Attachments: 1. Reso PC2026-005. Riv&Mtn, 2. SCE Pole Collision Summary Report, 3. CollisionSummaryMap_SCE, 4. 1COA COVER SHEET, 5. 2 PLANNING COA. Riv& MTN - FINAL, 6. 3 FINAL_ENG COAs_PL25-0022_6.9.pdf, 7. 4 PL25-0022_FIRE COA, 8. EXH A Parking Management Plan_06.01.26, 9. EXH B List of Waivers & Concession 5.26 updated, 10. EXH C Memo re Concession for Utility Undergrounding, 11. EXH D Public response dated June 7, 2026, 12. EXH E Public response dated June 9, 2026, 13. EXH F ENV Exemption letter, 14. PLANS. Riverside-Mtn. Final_Compressed FINAL

title

PL25-0022 (Site Approval)

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LOCATION MAP

 

PROJECT NO.:                     PL25-0022 (Site Approval).

APPLICANT:                                          BCT Dev. Acquisition Company

REQUEST: A request to construct a 210-unit residential rental community consisting of 25 two- and three-story residential buildings and a recreation building on 7.9 adjusted gross acres of land at a density of 26.6 dwelling units per acre within the CO (Commercial Office) and RD4.5 (Residential 4.5 dwelling units per acre) zoning districts within the Affordable Housing Overlay (AHO).

 

LOCATION: Northwest corner of Riverside Drive and Mountain Avenue (APN: 1015-511-27)

RECOMMENDATION

recommendation

Adopt Planning Commission Resolution No. PC 2026-005 approving PL25-0022 (Site Approval) based upon the findings and subject to the departmental conditions of approval.

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SURROUNDING ZONING AND LAND USE:

 

Existing Land Use

General Plan

Zoning District

Project Site -

Agriculture and Vacant

RD4.5 (Residential 4.5 Dwelling Units/Acre) and OC (Office Commercial)

RD4.5 (Residential 4.5 Dwelling Units/Acre) and CO (Commercial Office) in the Affordable Housing Overlay (AHO)

North -

Residential

RD4.5 (Residential 4.5 Dwelling Units/Acre)

RD4.5 (Residential 4.5 Dwelling Units/Acre)

East -

Commercial

NC (Neighborhood Commercial)

CN (Neighborhood Commercial)

South -

Residential

RD12 (Residential 12 Dwelling Units/Acre)

RD12 (Residential 12 Dwelling Units/Acre)

West -

Commercial and Residential

GC (General Commercial) and RD4.5 (Residential 4.5 Dwelling Units/Acre)

CG (General Commercial) and RD4.5 (Residential 4.5 Dwelling Units/Acre)

 

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 an initial preliminary review application (PL24-0123) on October 31, 2024 under the provisions of Senate Bill 330, the Housing Crisis Act (SB 330). A second preliminary review application (PL25-0118) was subsequently submitted on September 18, 2025 after the applicant’s SB330 rights expired due to more than 90 days elapsing between submittals.  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.  The applicant submitted an application for a Site Approval (PL25-0022) on February 26, 2025 for development of the site with a 210-unit for-rent 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 northwest corner of Riverside Drive and Mountain Avenue and is bordered by single-family residential uses to the north and northwest, multifamily residential homes to the south, and commercial uses to the east and west. Primary vehicular access is provided from Riverside Drive and a secondary access point is provided from Mountain Avenue. 

 

The proposed development consists of 210 residential units located within 25 buildings and a separate recreation building that will also include a leasing center. Buildings are designed as two- and three-story townhomes. The residential buildings are configured as 5-, 6-, 7-, 8-, 9-, 10-, 11, and 12-plex buildings. Building orientations vary throughout the site and either face a roadway, an internal paseo, or the main shared recreational amenity area. The 12-plex buildings are located in the northern portion of the project site and are designed in a U-shaped configuration, with garage access provided via private drives and arranged around a central green space. The community is not proposed to be gated. A central open space area is proposed and includes a recreation center, pool, tot lot, trellis, and BBQ area. A landscape area and a dog park is located at the northwest corner of the project site. Additional paseo areas between buildings include enhanced landscaping, pedestrian walkways, seating areas, and lawn spaces. The project includes pedestrian-oriented amenities, including eight-foot high vertical entry arbors are located along Riverside Drive and enhanced landscape material is proposed at the main entry at Riverside Drive. 

 

Due to the design and density of the project, the project does not meet certain development standards. Specific waivers and concession, pursuant to the State Density Bonus Law (SDBL), are discussed later in this report.

 

 

Project statistics are as follows:

Item

Proposed

Project Area -

7.9 adjusted gross acres

No. Lots -

One lot

Lot Area -

26.6 dwelling units per acre

Density -

25 residential buildings and 1 recreation building

No. of Buildings -

Residential buildings = 418,319  square feet  Recreation building = 5,269 square feet

Lot Coverage -

65%

Landscape Coverage -

15.23%

Parking (proposed/required)-

450 proposed parking spaces 441 required parking spaces per Chino Municipal Code 375 required per State density bonus law

 

Parking:

The proposed for-rent community provides a total of 450 parking spaces for the development, which exceeds the City’s requirement of 441 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 375 parking stalls required for the proposed project. The project exceeds this requirement by providing a total of 450 parking stalls of which 420 will be within a garage and the remaining 30 stalls will be surface parking.  This exceeds the minimum required parking per SDBL by 75 spaces, and the City’s requirement by 9 spaces. Furthermore, the applicant has provided a Parking Management Plan (Exhibit “A”) requiring 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 low-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 four recreational amenities, and the project exceeds this requirement.  Amenities in the development include a centrally located recreation building that includes a fitness room, a yoga room, a club room, shuffle board and leasing office. Additional features include a tot lot, a small dog park at the northwest corner of the project site, and multiple seating areas with shade structures and BBQs 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 minimum requirements of the AHO and a waiver pursuant to SDBL is requested.

The project provides a total of 15.23% landscape coverage, which exceeds the minimum AHO requirement of 15%. Landscaping throughout the development has a drought tolerant design, incorporating trees, shrubs, and groundcover. A new six-foot high decorative block wall will be constructed along the western perimeter of the project site and there is an existing full height wall located along the northern perimeter of the project, which will remain in place. Additionally, the units with ground floor patios have three-foot high walls defining their private patio areas.

Floor plans and Architecture:

The proposed buildings and recreational center are designed in a Spanish-inspired architectural theme, featuring two complementary architectural styles: Spanish Colonial and Santa Barbara. Each architectural style features its own distinct color palette and detailing, to provide visual variety and enhance the overall character of the development.

The project consists of a combination of 5-, 6-, 7-, 8-, 9-, 10-, 11-, and 12-unit residential buildings. The development includes a mix of two-, three-, and four-bedroom units with nine floor plans ranging in size from 1,254 to 1,770 square feet of living area.

Architectural features include stucco exterior finishes, traditional “S” tile roofing, metal balcony railings, bay windows, decorative shutters, shaped corbels, scalloped trim, and decorative wood and scalloped foam details under upper-level windows. Additional detailing includes tile surrounds and arched building entries, diamond shaped vents and decorative pipe vents under gable roof elements. Front doors, garage doors, and exterior light fixtures are designed to match each architectural style.

The recreation building is also designed in the Spanish architectural style and incorporates similar detailing to maintain consistency throughout the development. Additional features include large glazed doorways and windows, boxed windows, and decorative faux gable vent accents, which further reinforce the project’s overall architectural theme.

Applicable Standards, Waivers from Standards and Concession request:

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-rent residential development must: (1) reserve at least nine percent of its units for low-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 low-income requirement of nine percent required under the AHO by providing ten percent of the homes (21 units) to low-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.                     Parking location standard: Relief from standard that prohibits open parking within the front half of the lot is requested. The site plan includes eleven parking spaces located in front of the centrally situated leasing office, as well as additional open parking spaces within the front half of the project site to accommodate guest parking demand. Staff supports the requested relief, as the additional parking spaces will enhance the long-term functionality of the development by providing adequate on-site parking to serve residents and visitors. Providing sufficient on-site parking is also expected to reduce the potential for parking spillover into adjacent existing residential neighborhoods. The project complies with all other parking requirements of the Affordable Housing Overlay (AHO), including the minimum number of required parking spaces.

2.                     Private open space requirements: Relief is requested from the private open space standards requirement 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. The Plan 4 patios have a minimum six-foot horizontal dimension and 90 square feet. If 150 square feet of patio space were provided in Plan 4 units, there would be a loss of living area within those units, physically precluding the Project as proposed.

3.                     Common Area Open Space requirements:  A minimum of 20% of the lot area is required to be provided as common open space. The project requests a waiver and is proposing 59,079 square feet of open space (18.7%) of net lot area as open space in lieu of 63,297 square feet of open space (20%).

4.                     Minimum Outdoor Living Area: A minimum of 400 square feet of outdoor open space (84,000 square feet) is required per unit and devoted to open space (private or common open space) is required.  The project requests a waiver and is proposing 375 square feet of outdoor open space (78,750 square feet) is devoted to outdoor living area.

5.                     Floor plates for the third story and buildings that are longer than 150 feet: Relief is requested from the AHO standard limiting third-story floor plates to 80% of the ground-floor area. The project proposes third-story floor plates that are approximately 94 percent of the ground-floor area. Although the project does not meet the 80 percent requirement, the building design incorporates architectural articulation, roof forms, and visual offsets that achieve the intent of reducing perceived building mass. The proposed massing is also consistent with the project's Spanish architectural style. In addition, the project strategically locates nine, two-story units along the northern and northwestern property boundaries adjacent to existing residential neighborhoods, providing a sensitive transition in height and massing to surrounding development. Relief is also requested from the AHO standard requiring buildings longer than 150 feet to include a minimum two-foot vertical variation in height extending for at least 50 feet. While the project does not fully comply with this requirement, the proposed building elevations incorporate substantial architectural articulation, roofline variation, projections, and recesses that visually break up the building mass. As designed, the project provides the visual interest and reduction in perceived building scale that these standards are intended to achieve, while supporting the additional residential density and affordable housing required to qualify for concessions under State Density Bonus Law. 

6.                     Side yard Setback: Relief requested from the required 15-foot side yard setback along the westerly property line. The project has a proposed 10-foot setback along the westerly property line.

In addition to waivers, the applicant is requesting a concession under State Density Bonus Law for the undergrounding of the existing overhead utility line at the southeast corner of the project site, as required by the Chino Municipal Code. The applicant has asserted that compliance with the City's undergrounding requirement would increase project costs and expand the scope of improvements beyond the project frontage. According to the applicant, undergrounding the existing overhead lines would require additional improvements at the northeast corner of Riverside Drive and Mountain Avenue to maintain necessary support for overhead lines and to connect the new underground facilities to the existing system. The applicant contends that these additional improvements support the requested concession because they result in increased development costs.

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. 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) power pole resulting in damage to the pole.  Staff and the City Attorney have determined that the concession to waive the undergrounding requirement will result in a significant adverse impact on public health or safety; therefore, the request does not meet the findings for approval. Although the applicant has identified additional costs associated with undergrounding and related utility improvements, those costs do not outweigh the public safety objectives served by Chapter 13.32 of the Municipal Code. The finding for denial can be referenced in Section 3 of Planning Commission Resolution No. PC2026-005, 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 “C”.

City staff also met with representatives from the California Department of Housing and Community Development (HCD) to discuss the matter and obtain feedback. As of today, HCD had not yet provided a written response. Therefore, staff's recommendation is based on its analysis of the applicable provisions of State Density Bonus Law, the Municipal Code, and consultation with the City Attorney.

 

Public Outreach:

The applicant conducted neighborhood outreach efforts to inform nearby residents and gather feedback regarding the proposed project. The applicant door-knocked homes of adjacent residential properties and on December 14, 2024 the applicant met with approximately seven of the ten neighboring households and spoke directly with the residents about the project. The applicant introduced the project and discussions focused on topics such as privacy and screening for adjacent backyards, project density, and the adequacy of on-site parking.

In addition, the applicant hosted a neighborhood meeting on May 27, 2026, at the Carolyn Owens Community Center for residents within the 300-foot noticing radius. The purpose of the meeting was to engage the community and gather input. Several display boards illustrating the project were presented, and an open forum was held to provide information and receive feedback from the attendees.

Approximately 20 community members attended this meeting aside from the applicant’s team and City staff who were there to observe and help answer questions. Residents raised questions and concerns regarding traffic impacts, the adequacy of on-site parking, zoning and what is permitted on the site, project density, existing and proposed wall conditions, perimeter landscaping adjacent to existing homes, and the project timeline. Attendees also expressed positive feedback about the project’s architectural design and appreciation that the roads to the north (Verdugo Avenue) and west (Salem Street) would not connect, thereby preventing through-traffic connections and additional vehicle trips within the existing neighborhoods directly adjacent to the property.

 

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 June 6, 2026, and the City sent information out on the City’s social media platforms. In response to the public notice, two emails from residents have been received as of June 9, which are attached to this report as Exhibits “D” and “E”. The notice meets legal noticing requirements.

ENVIRONMENTAL REVIEW

The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.66, as enacted by Assembly Bill 130 which became effective July 1, 2025. This statutory exemption applies to infill projects that are consistent with the General Plan and Zoning Requirements, are located on sites of no more than 20 acres that are substantially surrounded by urban uses, do not contain habitat for endangered, rare or threatened species; would not result in significant environmental impacts related to traffic, noise, air quality, or water quality, and is located on a site that can be adequately served by utilities and public services. The proposed Project satisfies the eligibility criteria for this exemption. Specifically, the Project is located on an approximately eight-acre site that is fully surrounded by existing urban development, is consistent with applicable land use regulations, does not contain habitat for protected species, and is adequately served by existing infrastructure and public services. Therefore, the Project qualifies for the statutory exemption set forth in PRC Section 21080.66 (refer to Exhibit “F”).

 

Attachments:                     Exhibit A - Parking Management Plan

                                          Exhibit B - List of incentives and waivers for 6210 Riverside Drive

                                          Exhibit C - Memo

                                          Exhibit D - Public response dated June 7, 2026

                                          Exhibit E - Public response dated June 9, 2026

                                          Exhibit F - Exemption report