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PL22-0096 (SITE APPROVAL) and PL23-0002 (TENTATIVE PARCEL MAP NO. 20693)
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LOCATION MAP
PROJECT NO.: PL22-0096 (Site Approval) and PL23-0002 (Tentative Parcel Map No. 20693)
APPLICANT: Chino Valley Investments, LP
REQUEST: A request to merge 8.26 adjusted gross acres of land into one lot for the construction of a 298-unit residential rental community consisting of two 4-story apartment buildings at a density of 36 dwelling units per acre located within the C/O (Commercial/Office) land use designation of the Eucalyptus Business Park Specific Plan within the Affordable Housing Overlay.
LOCATION: North side of Chino Hills Parkway, approximately 600 feet east of Ramona Avenue (APN: 1025-191-06, 1025-151-07 & 08, 1025-482-01 and 1025-491-01).
RECOMMENDATIONrecommendation
Adopt Planning Commission Resolution No. PC2024-002, approving PL22-0096 (Site Approval) and PL23-0002 (Tentative Parcel Map No. 20693), 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 - |
Vacant |
OC (Office Commercial) |
Eucalyptus Business Park Specific Plan |
|
North - |
Industrial Buildings |
GI (General Industrial), LI (Light Industrial), & GC (General Commercial) |
Eucalyptus Business Park Specific Plan |
|
East - |
Industrial Buildings |
GI (General Industrial) |
Eucalyptus Business Park Specific Plan |
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South - |
Commercial Center |
City of Chino Hills |
City of Chino Hills |
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West - |
Vacant |
GC (General Commercial) |
Eucalyptus Business Park Specific Plan |
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 January 2023. 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.
On September 9, 2022, the applicant submitted a preliminary application 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. Following submittal of the preliminary application, the applicant submitted the subject Site Approval (PL22-0096) and Tentative Parcel Map No. 20693 (PL23-0002) applications on December 14, 2022 for development of the site. A density bonus is also being requested for this project, which would allow a density of 36 du/ac on the site as allowed by state density bonus law.
ISSUES/ANALYSIS
Applicable Standards:
Under 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. At the time that the preliminary application was submitted for this project, the City had not yet adopted development standards for the Affordable Housing Overlay (AHO), except for a maximum density of 30 dwelling unit per acre and a general requirement that the project include affordable units, which were stated in the housing element.
On April 18, 2023, the City Council adopted Ordinance No. 2023-008, establishing development standards for the Affordable Housing Overlay. However, Section 9 of the ordinance includes the following carveout:
Preliminary Application. A proposed housing development project located in an Affordable Housing Overlay district that designates a minimum of five percent of its units for very low income households, as defined in Health and Safety Code Section 50105, for which a complete preliminary application has been submitted to the City that satisfies the requirements of Government Code Section 65941.1, and for which a full application has been submitted to the City (whether or not it has been determined to be complete), prior to the effective date of this ordinance, is subject to the base density of 30 dwelling units per adjusted gross acre, is not subject to the affordability requirements applicable to the Affordable Housing Overlay district, and is not subject to the development standards applicable to the Affordable Housing Overlay district; provided, that the project is in substantial conformance with the preliminary application per SB 330, in substantial conformance with the full application as deemed complete by the City, that the project complies with all state building and fire code requirements, and that the preliminary application has not expired as of the date the City considers whether to approve or deny the project. Such a project shall nonetheless be subject to all ordinances, policies, and standards, as defined in Government Code Section 65589.5(o)(4), that may be applied to the project pursuant to Government Code Section 65589.5(o). The applicant for a project under this section shall ensure the affordability of all very low income units for at least 55 years through the recordation of an appropriate legal instrument.
The proposed project falls within this carveout. Consequently, the project is not subject to the AHO development standards except that the development must: (1) reserve at least five percent of its units for very low income households, (2) have a base density of 30 dwelling units per acre, and (3) be in substantial conformance with the preliminary application submitted to the City and in substantial conformance with the full application as deemed complete by the City.
The project meets these standards when combined with the density bonus mandated by state law. Furthermore, although the project is not subject to the other AHO development standards, staff and the developer have worked together to make the project consistent with the AHO development standards as much as possible, as further described below.
Site Design:
The proposed apartment project includes a tentative parcel map (TPM No. 20693) to merge the five existing parcels on the site into one parcel to allow development of the project. The project consists of two, four-story apartment buildings (Buildings A & B) with a total of 298 residential dwelling units. Building A, the larger of the two buildings with 243 units, is located west of the main entrance to the project. Building B is located east of the main entrance, adjacent to the channel and includes 55 units. Individual units consist of one- and two-bedroom apartment units with a total of ten floor plans proposed. One-bedroom units range in size from 609 square feet to 735 square feet while two-bedroom units range from 1,028 square feet to 1,097 square feet.
Primary access is provided into the project site via an enhanced signalized entryway on Chino Hills Parkway, which includes decorative paving, two 36-inch entry columns and monument signage. A secondary point of access is provided on the eastern edge of the project site and will be restricted to exit only. The rental community is proposed to be gated to provide security for the residents.
Project statistics are as follows:
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Item |
Proposed |
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Project/Lot Area - |
8.26 adjusted gross acreage |
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No. Lots - |
1 |
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No. of Buildings - |
2 |
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Building Area - |
Building A: 283,734 square feet - (four stories) - 243 units Building B: 62,296 square feet (four stories) - 55 units |
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Lot Coverage - |
24.1% proposed/ 50% maximum allowed |
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Floor Area Ratio (FAR) - |
0.94 proposed/ 1.25 maximum allowed |
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Landscape Coverage - |
15% proposed/ 15% required |
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Parking (proposed/required)- |
477 proposed auto parking 547 required per Chino Municipal Code 368 required per State density bonus law |
Density and Affordable Units:
The base density for the site is 30 unit/acre. However, the applicant is requesting approval of a density bonus as part of the project to allow for the increased density of 36 units/acre. Under state law, developers are entitled to a 20% density bonus above the base density if the project reserves at least five percent of its units for very low income households (as defined by state law). The proposed project includes 283 market-rate units and 15 affordable units (eight one-bedroom and seven two-bedroom affordable units). These 15 units represent 5 percent of the total number of units proposed and are being set aside for very-low-income households. Consequently, the proposed project is entitled to a density bonus of 6 units/acre over the base density for a total of 36 units/acre.
Parking:
The proposed rental community provides a total of 477 parking spaces for the development. 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 and more than 1.5 parking spaces per unit for two-bedroom units, which results in 368 parking stalls required for the proposed project. The project exceeds this requirement by providing a total of 477 parking stalls of which 123 will be within a carport and the remaining 263 stalls will be surface parking. This exceeds the minimum required parking per SDBL by 109 spaces. Additionally, the applicant has provided a Parking Management Plan (Exhibit A), which will be implemented with the project.
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 five percent affordable housing units for very-low-income households, the project is entitled to the parking ratios set forth in SDBL.
Landscape and Walls:
The project is providing a total of 15% landscape coverage, which is consistent with the minimum AHO requirement of 15%. Landscaping throughout the development has a drought tolerant design, including trees, shrubs, and groundcover. A private, enhanced, decomposed granite trail lined with trees and enclosed with a tubular steel perimeter fence has been provided along the north end of the site, adjacent to the Chino Creek Channel. This trail is intended to provide pedestrian access on the east end of the site at Chino Hills Parkway to future development on the vacant parcel to the west of the Project site.
The AHO standards require projects to provide at least four community amenities, and the project exceeds this requirement. Amenities in the development include a dog park, a centrally located recreational area at Building A that includes a pool, spa, cabanas, BBQs, and various seating areas and gathering spaces. In addition, a clubhouse, fitness room, and mail room are being provided. The majority of units provide private open space in the form of patios or balconies.
Architecture:
The project provides a Modern Farmhouse architectural style. Consistent with the Modern Farmhouse architectural style, materials such as board and batten siding, framed windows, awnings and an earth tone colored scheme were applied throughout the elevations. Shed roofs have been included over focal windows on the top floors of each building and metal railings have been included at the balconies. Four-sided architecture is provided for each building due to the visibility from Chino Hills Parkway and adjacent properties. Due to the length of the buildings, four-story gable forms were placed intermittently across the entire façade to break up the massing. Additionally, a two-story stone veneer base is added at the corners of the building and the central leasing area to create enhanced elevations. One-story white stucco bases are also added to help bring the massing down to the pedestrian scale.
Design Review Board Comments and Action:
The Design Review Board (DRB) met on December 5, 2023, to review the project. The project was well received; however, the DRB members did have a few questions and comments regarding parking and that there might be insufficient spaces. It was noted that the project exceeds the minimum parking requirement per SDBL, which is a state standard. The applicant explained parking would be managed through a Parking Management Plan and each resident would be educated on parking requirements and the number of vehicles permitted by the leasing agent when signing a lease.
The DRB was impressed that four-sided architectural enhancements were provided, and the location of the project is in a great location by shops and the 71 freeway. The DRB also found the proposed amenities to be more than adequate and requested additional details be provided to the Planning Commission for project amenities.
The DRB recommended approval of the project to the Planning Commission with no changes.
Standard for Reviewing Housing Projects:
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 (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 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.”
Public Noticing
A 10-day notice was mailed to all property owners and occupants within a 300-foot radius of the project site. In addition, a notice was published in the Chino Champion on January 6, 2024 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
An Addendum to the Eucalyptus Business Park Specific Plan EIR, SCH#89070310, has been prepared for this project pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. The project is within the scope of the EIR, which adequately describes the activity for the purposes of CEQA. Consequently, no further environmental review is required.
Exhibit A - Parking Management Plan
Link to EIR Addendum - <https://www.cityofchino.org/DocumentCenter/View/4486/Addendum---Chino-Creek-Apartments---December-2023-PDF>