Chapter 20.01 — PURPOSE AND EFFECT OF THE ZONING CODE

Title 20 of the Chino Municipal Code shall be known and officially cited as the "Zoning Code of the City of Chino, California" and referred to in this title as "the zoning code".

(Ord. 2010-05, § 1(exh. A), 2010.)

20.01.020 - Purpose of the zoning code.

A.

General. The zoning code is adopted to implement the City of Chino General Plan and protect and promote the health, safety and welfare of Chino residents.

B.

Specific. The zoning code is intended to:

1.

Protect and enhance the value of property.

Promote economic growth.

3.

Protect sensitive environmental resources.

4.

Promote an environmentally sustainable pattern of development.

5.

Create high quality residential neighborhoods and commercial districts.

6.

Preserve the quality of life and character of existing residential neighborhoods.

7.

Protect the public from hazards associated with natural and manmade disasters.

8.

Promote and support an efficient transportation system.

9.

Preserve and protect agricultural lands, open space and areas of natural beauty.

10.

Promote a responsive and accountable city government.

11.

Promote citizen participation and assistance.

(Ord. 2010-05, § 1(exh. A), 2010.)

The zoning code implements the goals and policies of the City of Chino General Plan by regulating the uses of land and structures within the City of Chino. The zoning code and the general plan shall be consistent with one another. If there are inconsistencies between the zoning code and the general plan, the general plan governs.

(Ord. 2010-05, § 1(exh. A), 2010.)

The zoning code shall be administered by the director of community development in conjunction with the city council, planning commission and design review board as established in Chapter 20.22 (Administration).

(Ord. 2010-05, § 1(exh. A), 2010.)

20.01.050 - Applicability of zoning code.

A.

Applicability to property. The zoning code applies to all land, uses and structures within incorporated area of the City of Chino.

B.

Compliance with regulations. No land shall be used and no structures built or occupied except in accordance with the provisions of the zoning code.

C.

Conflicting regulations. Where conflict occurs with other adopted ordinances, resolutions or regulations of the City of Chino or with state or federal laws and regulations, the more restrictive provision shall control unless otherwise specified in this Code.

D.

Private agreements. The zoning code is not intended to interfere with, repeal, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. Where conflict occurs between the zoning code and a private agreement, the more restrictive provision shall control. The City of Chino shall not be responsible for monitoring or enforcing private agreements, except where specifically stated in private agreements that the city is a party to.

(Ord. 2010-05, § 1(exh. A), 2010.)

20.01.060 - Marijuana Regulations.

A.

Legislative findings and statement of purpose.

1.

The city council finds that the prohibitions on marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the city and its community. The cultivation, dispensing, delivery, manufacture, and other use of marijuana negatively impacts, or has the potential to negatively impact, the health, safety, and welfare of the community and public within the city. These negative impacts include, but are not limited to, damage to buildings in which cultivation, manufacturing, and dispensing occurs, including improper and dangerous electrical alterations and use, inadequate ventilation, increased occurrences of robberies and similar crimes, and nuisance impacts to neighboring properties from the strong and potentially noxious

odors from the plants and increased crime. The city council's prohibition of such activities is within the authority conferred upon the city council by state law.

2.

The city council finds that the public health, safety, and general welfare of the city and its residents necessitates and requires the adoption of this zoning ordinance, prohibiting the establishment, maintenance and operation of marijuana cultivation, marijuana deliveries, marijuana dispensaries, cooperatives, and collectives, and other uses involving distribution of marijuana and marijuana related products, in order to: (a) protect and safeguard against the detrimental secondary negative effects and adverse impacts of facilities dispensing marijuana; (b) preserve and safeguard the minors, children, and students in the community from the deleterious impacts of marijuana related facilities; and (c) preserve the city's law enforcement services, in that monitoring and addressing the negative secondary effects and adverse impacts will likely burden the city's law enforcement resources. The city council further finds that due to negative secondary effects and adverse impacts of facilities and other locations cultivating, delivering and/or dispensing marijuana, the establishment and operation of these facilities and land uses will negatively impact the city.

3.

On October 9, 2015, the governor signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law. The Act becomes effective January 1, 2016 and contains new statutory provisions that:

a.

Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health & Safety Code section 11362.777 for the cultivation of marijuana (Health & Safety Code §11362.777(c)(4));

b.

Expressly provide that the Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business & Professions Code §19315(a));

c.

Expressly provide that the Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (Business & Professions Code §19316(c)); and

d.

Require a local government that wishes to prevent marijuana delivery activity, as defined in Business & Professions Code section 19300.5(m) of the Act, from operating within the local government's boundaries to enact an ordinance affirmatively banning such delivery activity (Business & Professions Code §19340(a)).

The city council finds that this section: (1) expresses its intent to prohibit the cultivation of marijuana in the city and to not administer a conditional permit program or any other permitting program pursuant to Health & Safety Code section 11362.777 for the cultivation of marijuana in the city; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the city and its community; and (4) expressly prohibits the delivery of marijuana in the city.

B.

Applicability.

1.

This chapter is intended prohibit all cultivation, and commercial manufacturing, dispensing, and delivery of marijuana and marijuana-related products within the city to the greatest extent permissible by law and within the confines of state law.

2.

Nothing in this chapter is intended, nor shall it be construed, to exempt any activity related to marijuana from any applicable electrical, plumbing, land use or other building or land use standards or permitting requirements.

3.

All cultivation, manufacturing, dispensing, delivery, and sale of marijuana within the city shall be subject to the provisions of this chapter.

C.

Prohibited activities.

1.

Marijuana processing, marijuana delivery, and marijuana dispensaries shall be prohibited activities in all zones and specific plan areas in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity.

2.

Cultivation of marijuana for any commercial or non-commercial purpose, including cultivation by a qualified patient or a primary caregiver, is expressly prohibited in all areas, zones and specific plan areas in the city. No person or entity, including a qualified patient or primary caregiver, shall cultivate any marijuana in the city, even for medical purposes.

3.

No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation, marijuana

processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the city.

4.

No person or entity shall conduct, cause, allow, permit or maintain a marijuana dispensary, marijuana cultivation, marijuana processing or marijuana delivery within the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

5.

Nothing in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

D.

Public nuisance.

Any violation of this section is hereby declared a public nuisance that may be abated by the city by any means available at law, including but not limited to, through injunctive relief.

E.

Violations.

Any person owning, possessing or in control of any property within the city shall have the duty to prevent and abate nuisances on such property. Any violation of this section shall constitute a misdemeanor punishable as provided in chapter 1.12.

(Ord. 2016-001, § 3, 2016.)

Chapter 20.02 - INTERPRETATION OF THE ZONING CODE

This chapter is intended to provide for a consistent application of the zoning code by establishing rules and procedures for interpreting provisions within the Code.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Authority. The director of community development shall have the responsibility and authority to interpret the meaning and applicability of all provisions in the zoning code.

B.

General rules. The following general rules shall apply to the interpretation and application of the zoning code:

The specific shall supersede the general.

2.

Where there is a conflict between the text and a caption or illustration, the text shall govern.

3.

The words "shall", "will", "is to" and "are to" are mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

4.

The following conjunctions shall be interpreted as follows:

a.

"And" means that all items or provisions so connected shall apply.

b.

"Or" means that all items or provisions so connected may apply singularly or in any combination.

c.

"Either . . . or" means that the items or provisions so connected shall apply, but not in combination.

d.

"And/or" means that all items or provisions so connected shall apply singularly or in combination.

5.

All officials, bodies, agencies, ordinances, policies and regulations referred to in the zoning code are those of the City of Chino unless otherwise noted.

C.

Calendar days. Numbers of days specified in the zoning code shall be construed as continuous calendar days. Where the last of a number of days falls on a holiday or weekend, time limits specified in the zoning code shall be extended to the following working day.

D.

Calculations. The decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is .5 or more, and to the next lowest whole number when the fraction/decimal is less than .5.

E.

Unlisted land uses. If a proposed land use is not specifically listed in Chapters 20.03 to 20.09 (Zoning

Districts) of the zoning code, the use shall not be permitted except as follows:

1.

The director of community development may determine that an unlisted proposed use is equivalent to a listed use and is permitted if the following findings can be made:

a.

The use is consistent with the goals and policies of the general plan.

b.

The use will meet the purpose and intent of the applicable zoning district.

c.

The use will not adversely affect the character of the applicable zoning district.

d.

The use has the same basic characteristics as other uses permitted in the zoning district.

e.

The use will not be detrimental to the public health, safety or welfare.

f.

The use will generate no greater environmental impacts than other uses permitted in the zoning district.

2.

When the director of community development determines that a proposed use is equivalent to an unlisted use, the proposed use shall be treated in the same manner as the listed use in respect to zones permitted, permits required and all standards and requirements of the zoning code that apply.

3.

Determinations by the director of community development shall be rendered in a manner consistent with section 20.02.030 (Procedures for Interpretation).

4.

Determinations by the director of community development may be appealed to the planning commission as provided in Subsection 20.23.130.I (Appeals).

F.

Zoning map boundaries. If there is uncertainty about the location of any zoning district boundary or other line of the zoning map, the following rules shall apply:

1.

Zoning district boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.

2.

Zoning district boundaries shown as following roads or other rights-of-way shall be construed to follow the centerline of such roads or right-of-way.

3.

On unsubdivided land or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.

4.

The director of community development shall have the authority to correct errors in the zoning map to render the map consistent with the action of the city council and consistent with public record.

5.

Where uncertainty as to the exact location of a zone boundary, the planning commission shall make such determination by written decision, which shall be in the form of a resolution adopted by a majority of its voting membership.

G.

Use regulation tables. Notations within the use regulation tables for zoning district located within this Code shall have the following meanings:

1.

Permitted uses. A "P" means that a use is permitted by right in the respective zoning district and is not subject to discretionary review and approval.

2.

Conditionally permitted uses. A "C" means that a use requires approval of a special conditional use permit as provided by section 20.23.050 (Special Conditional Use Permits) of this Code.

3.

Administratively permitted uses. An "A" means that a use requires approval through an administrative action as provided by section 20.23.120 (Administrative Approval) of this Code.

Uses permitted with a wireless telecommunications facility permit for Private Property (WTFPP). A "WTFPP" means that the use requires approval through either an minor wireless telecommunications facility permit for private property (Minor WTFPP) or a major wireless telecommunications facility permit for private property (Major WTFPP) as provided by section 20.22.040 (Required Permits and Other Approvals) of this Code.

5.

Incidental uses. An "I" means that a use is permitted by right provided that the use is subordinate and directly related to a principal use, building or structure located on the site.

6.

Not permitted. A " ■ " in a cell means that a use is not allowed in the respective zoning district.

7.

Additional regulations. Supplemental standards in the zoning code that apply to specific uses are identified in the column entitled "additional regulations". Standards referenced in the additional regulations column apply in all zoning districts unless otherwise expressly stated.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2013-003, § 1, 2013; Ord. 2021-001, § 1, 2021.)

A.

Request of interpretation. The director of community development shall respond in writing to any written request for interpretation of the regulations set forth in this title, and the following procedure shall apply:

1.

The written request shall state which provision is to be interpreted, and it shall provide any information that the director of community development deems necessary to assist in the review.

2.

The director of community development shall respond to an interpretation request within thirty days of receiving the request.

3.

The director of community development may refer any request for interpretation to the planning commission for a determination.

B.

Form and content of interpretation. Official interpretations prepared by the director of community development shall be in writing, and shall quote the provisions of the regulations that are being interpreted. The interpretation shall describe the circumstance that caused the need for the interpretation.

C.

Official record of interpretations. An official record of interpretations shall be kept on file by the community development department. The record of interpretations shall be indexed by the number of the section that is the subject of the interpretation and made available for public inspection during normal business hours.

D.

Appeals. Any interpretation of the zoning code by the director of community development may be appealed to the planning commission as provided in Subsection 20.22.130.I (Appeals). If the appeal results in a change of interpretation, the new interpretation shall be filed in the official record of interpretations.

(Ord. 2010-05, § 1(exh. A), 2010.)

Chapter 20.03 - ZONING DISTRICTS AND ZONING MAP

This chapter establishes the official City of Chino Zoning Map and identifies the zoning districts that apply to property within the city.

(Ord. 2010-05, § 1(exh. A), 2010.)

20.03.020 - Zoning districts and zoning map.

A.

Base zoning districts. The City of Chino shall be divided into zoning districts that implement the City of Chino General Plan. The zoning districts are shown in Table 20.03-1.

TABLE 20.03-1 ZONING DISTRICTS

B.

Overlay zoning districts. The City of Chino establishes the overlay zoning districts set out in Table 20.03-2. These impose additional requirements on certain properties within one or more underlying base zoning districts.

TABLE 20.03-2 OVERLAY ZONING DISTRICTS

C.

Zoning map. The boundaries of the zoning districts established by the Chino Zoning Code are shown on a map or series of maps and collectively constitute the official City of Chino Zoning Map ("zoning map"), as affected by Ordinance No. 2010-06. The zoning map together with all legends, symbols, notations, references and other information thereon is incorporated by reference and made a part of this Zoning Code.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2023-008, § 1, 2023.)

Chapter 20.04 - RESIDENTIAL ZONING DISTRICTS

The general purpose of residential zoning districts is to:

A.

Provide appropriate locations for residential development to meet the housing needs of Chino residents.

B.

Provide stability and protection for existing residential neighborhoods.

C.

Ensure that new development is compatible with existing homes in residential neighborhoods.

D.

Provide adequate light, air, privacy and open space for homes.

E.

Protect residents from the harmful effects of excessive noise, traffic congestion, air pollution and natural and manmade hazards.

F.

Provide opportunities for public and semi-public uses to locate within the residential communities which they serve.

(Ord. 2010-05, § 1(exh. A), 2010.)

20.04.020 - District purposes.

The specific purpose of each residential zoning district is as follows:

A.

Residential/agricultural (RD 1). The purpose of this district is to provide for very large lot residential development in a rural environment. This designation also provides a buffer between Chino and other communities and between urban areas and permanent intensive agricultural areas. The RD 1 district allows up to one dwelling unit per adjusted gross acre and up to one and a quarter dwelling units per adjusted gross acre with the provision for affordable housing.

B.

Residential/agricultural (RD 2). The purpose of this district is to provide large lot residential development in a nonurbanized environment. This designation is typified by large lot development that includes horsekeeping and other semi-rural uses. The RD 2 designation allows one to two dwelling units per adjusted gross acre and up to two and a half dwelling units per adjusted gross acre with the provision for affordable housing.

C.

Residential (RD 4.5). The purpose of this district is to encourage a predominately single-family suburban residential development similar to that found in many of the city's existing residential tracts. The RD 4.5 designation allows three to four and a half dwelling units per adjusted gross and up to six dwelling units per adjusted gross acre with the provision of affordable housing.

D.

Residential (RD 8). The purpose of this district is intended as a transition zone from low density singlefamily areas to higher intensity commercial, industrial and multiple-family residential areas. Attached and detached dwellings are permitted in this district. The RD 8 district allows four and a half to eight dwelling units per adjusted gross acre and up to ten dwelling units per adjusted gross acre with the provision of affordable housing.

E.

Residential (RD 12). The purpose of this district is to encourage a wide range of residential land uses from attached dwellings to townhouse type developments. The designation allows eight to twelve dwelling units per adjusted gross acre and up to fifteen dwelling units per adjusted gross acre with the provision of affordable housing.

F.

Residential (RD 14). The purpose of this district is to provide an area for attached townhome and condominium projects. Medium density residential uses in this district provide a mix of urban and suburban amenities including attached units with enclosed garages and common recreational open space. The RD 14 district permits from twelve to fourteen dwelling units per adjusted gross acre and up to seventeen and a half dwelling units per adjusted gross acre with the provision of affordable housing.

G.

Residential (RD 20). The purpose of this district is to provide for a relatively high density residential environment typified by fourplex developments and garden apartments. The RD 20 designation permits fourteen to twenty dwelling units per adjusted gross acre and up to twenty-five dwelling units per adjusted gross acre with the provision of affordable housing.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Permitted uses. Table 20.04-1 identifies land uses permitted in each single-family residential district. Table 20.04-2 identifies land uses permitted in each multiple-family residential district.

B.

Additional use regulations. The following additional regulations apply to uses located in residential zoning districts:

TABLE 20.04-1 LAND USE REGULATIONS FOR SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS

TABLE 20.04-2 LAND USE REGULATIONS FOR MULTIPLE FAMILY RESIDENTIAL ZONING DISTRICTS

1.

Occupancy of any trailer, camper or other vehicle while parked or stored on any public or private property in a residential district is prohibited, excepting temporary recreational vehicle living units as provided by Section 20.10.100 (Temporary Recreational Vehicles and Campers).

2.

Motor vehicle repair may be permitted in conjunction with a residential use, activity or facility, provided all work is conducted upon vehicles owned by the property owner or resident, within an enclosed structure.

3.

Garage sales taking place in residential zones shall be subject to the provisions of Title 5, Chapter 5.40 of the Chino Municipal Code.

4.

Duplexes shall only be permitted in the RD 8 zone on lots with a lot area of ten thousand square feet or greater.

C.

Transitional and Supportive Housing. Transitional and Supportive Housing shall be permitted in all residential zones subject to the same development standards as the same type of housing in that zone.

D.

Uses by right.

1.

Notwithstanding the other provisions of this Section 20.04.030, and in accordance with Government Code section 65583.2(c), as may be amended, a housing development project in which at least twenty percent of the units are affordable to lower-income households shall be a use by right on the following sites:

a.

Nonvacant sites. A nonvacant site that meets the following requirements:

i.

The site is designated in the Sites Inventory of the 2021—2029 Housing Element Update as accommodating a portion of the regional housing need for lower-income households;

ii.

The site was included in the Sites Inventory in a Housing Element for a prior Housing Element planning period; and

iii.

The site was not approved to develop a portion of the city's housing need during the previous planning period when the site was in the Sites Inventory.

b.

Vacant site. A vacant site that meets the following requirements:

i.

The site is designated in the Sites Inventory of the 2021—2029 Housing Element Update as accommodating a portion of the regional housing need for lower-income households;

ii.

The site was included in the Sites Inventory in a Housing Element for two or more consecutive prior Housing Element planning periods; and

iii.

The site was not approved to develop a portion of the city's housing need during the previous planning periods when the site was in the Sites Inventory.

2.

The projects described in subsection (1) shall not be required to obtain any discretionary permit, but shall be subject to the review procedures in Section 20.09.090(K), except that neither the design review nor the site approval shall be considered a "project" for purposes of the California Environmental Quality Act.

3.

For purposes of this subsection (d), the following terms have the following meanings:

a.

"Affordable to lower-income households" means that:

i.

The units shall only be rented or sold to lower-income households, as defined in Health and Safety Code section 50079.5;

ii.

Regardless of whether the applicant is seeking a density bonus, the applicant shall comply with the requirements in Government Code section 65915(c)(1) for rental units and with the requirements in Government Code section 65915(c)(2) for for-sale units.

b.

"Housing development project" shall have the meaning given in Government Code section 65589.5(h)(2).

c.

"Sites Inventory" means the inventory of sites in the city suitable for residential development that is included in the city's Housing Element, as further described in Government Code section 65583.2. The Sites Inventory in the city's 2021—2029 Housing Element Update is in Tables B-6 and B-7 of the Housing Element.

d.

"Use by right" means that the project shall not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a "project" for purposes of the California Environmental Quality Act. However, any subdivision of the site shall be subject to all laws, including, but not limited to, the Subdivision Map Act and title 16 of this code. Projects that are a use by right shall be subject to design review, but such design review shall not constitute a "project" for purposes of the California Environmental Quality Act.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, §§ 1, 2, 2011; Ord. 2013-003, §§ 2, 3, 2013; Ord. 2016-001, §§ 4, 5, 2016; Ord. 2017-009, § 1, 2017; Ord. 2019-013, § 1—4, 2019; Ord. 2020-006, §§ 1—3, 2020; Ord. 2021-001, § 2, 2021; Ord. 2022-010, §§ 4—6, 7-19-2022; Ord. 2023-001, §§ 1, 2, 2023; Ord. No. 2024-003, § 1, 2024.)

20.04.040 - Development standards.

A.

General standards. Table 20.04-3 identifies development standards that apply to all lots and structures located in single-family residential zoning district. Table 20.04-4 identifies development standards that apply to all lots and structures located in multifamily residential zoning district.

B.

Additional development standards. The following additional standards apply to lots and structures located in residential zoning districts:

TABLE 20.04-3 DEVELOPMENT STANDARDS FOR SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS

1.

Minimum lot area, width and depth requirements apply only to the creation of new lots.

2.

Minimum lot width shall be measured at the minimum front yard building setback line.

3.

On a lot fronting a cul-de-sac or knuckle lots, a minimum lot dimension of thirty-five feet shall be provided as measured along the street frontage of the lot.

An additional five feet of lot width shall be provided for corner lots when the side lot line abuts a local or collector street, and an additional ten feet of lot width shall be provided when the side lot line abuts a primary or secondary arterial street.

TABLE 20.04-4 DEVELOPMENT STANDARDS FOR MULTIPLE FAMILY RESIDENTIAL ZONES

5.

An additional five feet of setback shall be provided along primary and secondary arterial streets and the minimum rear setback provided along primary and secondary arterial streets shall not be less than twenty feet.

6.

In the RD 4.5 zone, subdivisions of five or more lots may reduce the front yard setback to twenty feet, provided a twenty-five-foot average is maintained for all lots within the subdivision. If a floor plan with a swing-in garage (the garage entry faces the side property line) is utilized in such a subdivision, the front yard setback for the swing-in garage plan may be reduced to fifteen feet and will be excluded from the average setback calculation. No more than thirty-three percent of lots within a subdivision may utilize a floor plan with swing-in garages.

7.

Neighborhood equestrian trail easements shall be required in the RD 1 and RD 2 districts. Trails shall be developed in accordance with standards established by the department of public works, standard drawings and specifications.

8.

Within the RD 8 district, lots substandard as to width, created prior to January 1, 1987, shall require a fourfoot side yard setback.

9.

A minimum twenty-foot setback must be provided at garages facing a street side yard, measured from the garage opening/door to the street property line.

10.

Where a multiple-family residential zone abuts a single-family residential zone at an interior side or rear yard, the minimum setback shall be increased by ten feet.

11.

A building or structure with a legal nonconforming side yard setback may be added to, extended, or enlarged, provided that a side yard setback equal to or greater than the existing side yard setback is provided.

C.

Second stories for single-family homes.

1.

New residential subdivisions. The following regulations apply to new residential subdivisions:

a.

Where a proposed infill project consists of five or more homes, a minimum of twenty percent of the total number of homes shall be single-story. Homes with any amount of second floor area will not be considered a single-story home. The percentage requirement shall be interpreted to mean twenty percent of the total number of homes proposed or any fraction thereof.

Example:

b.

All corner and reverse corner lots shall have single-story homes or two-story homes with single-story features on each street facing elevation. At a minimum, single-story features shall consist of a single-story portion of the home where the roof has a plate no higher than ten feet above finish grade. In addition, the single-story feature shall have a minimum depth of five feet for a minimum of sixty percent of the length of each street facing elevation.

c.

New homes and additions to existing homes shall be single-story on lots that directly abut lots with existing single-story homes. The director of community development or the planning commission, as applicable, may approve exceptions to this requirement on a case-by-case basis when any of the conditions listed below exist:

• The difference in the finish grade elevation between the lots is substantial enough to reduce views of the second-story portion of the proposed home;

• The distance between the adjacent homes will reduce views into the homes or yard areas;

• The orientation of the homes is such that the exterior walls do not directly face each other;

• The shape or configuration of the lots is such that a substantial portion of the lot lines do not directly abut each other;

• Existing accessory structures in the rear yard areas provide a barrier to mitigate privacy impacts between the primary residential units; or

• Any other unique site circumstances that may effectively reduce privacy impacts to the existing adjacent single-story home.

2.

The director of community development or the planning commission, as applicable, shall consider public input in addition to information provided by the applicant to evaluate privacy impacts to adjacent property owners. This information shall include, but not be limited to, line-of-sight studies, site photographs, dimensioned site and building cross sections, three-dimensional (3D) or photo simulation models, or any other information deemed necessary by the director of community development or the planning commission, as applicable, to consider the request. In reviewing the request, the director of community development or the planning commission, as applicable, shall consider and establish the following findings:

a.

The granting of the exception is consistent with the intent of the zoning ordinance to eliminate or minimize privacy impacts between existing residential homes and proposed homes on adjacent lots;

b.

That the adjacent property owners have been duly noticed, and that public input has been considered to ensure that the privacy of adjacent property owners is not adversely impacted;

c.

That there are specific circumstances applicable to the subject property and adjacent property that effectively eliminate or minimize privacy impacts between the homes;

d.

That the proposed home incorporates design features that serve to eliminate or minimize privacy impacts between the homes.

3.

Two-story homes that back up to a public street shall require thirty-six-inch box street trees to be located in the right-of-way along rear of the homes at a spacing of thirty feet apart to soften building mass and buffer the homes from the street.

4.

A fifteen-foot minimum clearance shall be provided between the second floors of homes that have a full two-story height building mass at interior side elevations.

5.

The rear building elevations of two-story homes shall have a combination of vertical and horizontal articulation such that an unbroken horizontal wall surface does not exceed a length of thirty feet and so that at least one feature is utilized that provides a break in the massing between the first and second story. A minimum one-foot variation in offset between wall planes shall be provided to satisfy this requirement. Examples that may satisfy this requirement include stepping back the second floor, providing pop-outs, insets, one-story roof elements, and changes in second story roof planes.

D.

Existing single-family homes. The intent of this provision is to encourage second-story additions that are designed to be compatible with the character of the neighborhoods where they are located while being sensitive to the privacy of adjoining neighbors. Review of two-story additions shall consider the design, placement, and location of a second-story addition so it minimizes privacy impacts to the extent feasible for the individual circumstances. The following regulations apply to second-story additions to existing single-family homes:

Two-story additions shall be designed with a building mass and scale that is similar to homes in the surrounding neighborhood.

2.

Two-story additions shall be consistent with the architectural character of the neighborhood.

3.

The design of two-story additions shall minimize privacy impacts on adjacent single-story homes. In particular, windows should be positioned to minimize direct views into the rear yard of adjacent single-story homes, and in no case be positioned to provide direct views into windows of an adjacent home. The intent of this provision is not to eliminate windows on second-story additions, but rather to ensure that the design and placement of windows enhance the architectural quality of the home without creating privacy impacts on adjacent homes.

4.

A minimum fifteen-foot clearance shall be provided between a proposed second story addition and the second-story portion of an existing two-story home located on an adjacent lot.

5.

Second-story frontages shall not exceed sixty percent of the width of the first floor street frontage.

6.

Second floors shall be set back a minimum of ten feet from the first floor building line.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2013-003, §§ 4—6, 2013; Ord. 2014-013, §§ 2, 3, 2014; Ord. 2019013, § 5, 2019; Ord. 2021-001, §§ 3, 4, 2021.)

20.04.050 - Second primary units and duplexes in single-family zones.

A.

Purpose. The purpose of this section is to establish procedures and standards for the approval and creation of second primary units and duplexes in single-family zones in accordance with the requirements of Government Code Section 65852.21.

B.

Application review process.

1.

An application for a second primary unit or a duplex in a single family zone shall be reviewed through the zoning clearance process, as described in Section 20.23.110, and the decision may be appealed in accordance with Section 20.23.150.

At least ten days prior to making a determination on an application for a second primary unit or duplex under this section, the director of development services, or designee, shall mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed development will be located informing the owner(s) of the submitted application.

3.

An application shall be approved if the proposed development complies with all of the requirements in this section. However, notwithstanding the previous sentence, the city may deny an application for a second primary unit or two-unit development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second primary unit or duplex would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

C.

Location requirements. Proposed second primary units and duplexes:

1.

Shall be located in an RD1, RD2, or RD4.5 zoning district;

2.

Shall not be located on a parcel that is any of the following, as more particularly described and defined in Government Code Section 65913.4(a)(6)(B) through (a)(6)(K):

a.

Prime farmland, farmland of statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure;

b.

Wetlands;

c.

Within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures;

d.

A hazardous waste site that has not been cleared for residential use;

e.

Within a delineated earthquake fault zone unless the development complies with all applicable state and local seismic protection building code standards;

f.

Within a special flood hazard area subject to inundation by a 100-year flood, unless:

i.

The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the city; or

ii.

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program;

g.

Within a regulatory floodway, unless the development has received a no-rise certification;

h.

Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;

i.

Habitat for protected species; or

j.

Land under a conservation easement; and

3.

Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

D.

No impact on protected housing. Proposed second primary units and duplexes:

1.

Shall not require or allow the demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; or

c.

Housing that has been occupied by a tenant in the last three years;

2.

Shall not require or allow the demolition of more than twenty-five percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years; and

3.

Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under the Ellis Act (Government Code Section 7060 through 7060.7) to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

E.

Development standards. The first primary unit built on a parcel shall be subject to the development standards in Section 20.04.040. A second primary unit or duplex approved under this section shall comply with all of the following development standards:

1.

Configuration. A second primary unit may be attached to or detached from other dwelling units on the parcel.

2.

Size. Second primary units, and at least one unit of a new-construction attached duplex, shall be no larger than eight hundred square feet in floor area.

3.

Height. Second primary units, and at least one unit of a new-construction attached duplex, shall be no taller than one story and sixteen feet in height. Second primary units may not be built above any other structure.

4.

Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other

circumstances, second primary units and duplexes built under this section, shall be set back at least four feet from the side and rear lot lines.

5.

Separate Entrances. A second primary unit, and both of the units of a duplex approved under this section, shall each have a separate entrance.

6.

Additional Development Standards. Except as provided in Subsections E.1 through E.5, second primary units, and each unit of a duplex build under this section, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel.

F.

Parking.

1.

One new on-site off-street parking space is required for a second primary unit and for each unit in a duplex approved under this section. Such parking spaces shall be in addition to all existing parking spaces on the parcel.

2.

Notwithstanding Subsection F.1, no parking spaces are required for a second primary unit or the units of a duplex approved under this section if either:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

b.

There is a car share vehicle located within one block of the parcel.

G.

Utilities.

1.

A second primary unit, and both of the units in a duplex approved under this section, shall each have a separate connection to the main line for all utilities including, but not limited to, water, electric, gas, sewer, and telecommunications.

Prior to issuance of a building permit for a second primary unit or a duplex under this section, the city engineer shall assess whether the required utilities are able to serve the development and have adequate capacity to serve the development. As part of this assessment, the city engineer may require the applicant to submit technical studies to determine utility capacity and ability to serve. The city engineer may place conditions of approval on the proposed development to ensure sufficient utility capacity and the ability of the utilities to serve the development.

H.

Limitation on enforcement of standards. With the exceptions of the setback requirements in Subsection E.4, the city shall not enforce any zoning, subdivision, or design standard to the extent that it would have the effect of physically precluding the construction of up to two primary residential units on a parcel, or would physically preclude either of the primary residential units from being at least eight hundred square feet in floor area.

I.

Total number of units.

1.

This Section does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this subsection, "primary dwelling units" means dwelling units other than accessory dwelling units or junior accessory dwelling units.

2.

Notwithstanding any other provision in this chapter, the approval of second primary units and duplexes on a parcel that was created through an urban lot split shall be limited as described in Section 19.04.110.F.

J.

Design standards. Second primary units, and each unit of a duplex approved under this section, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.

K.

Rental term; separate conveyance.

1.

Second primary units and both units of a duplex approved under this section shall not be rented for a term of less than thirty-one consecutive days.

2.

A second primary unit may not be turned into a condominium or otherwise sold separately from the other primary unit on the parcel. The units in a duplex approved under this section may not be turned into condominiums or otherwise sold separately from one another.

L.

Deed restriction. As a condition of approval of, and prior to the issuance of a certificate of occupancy for, a second primary unit or duplex approved under this section, the property owner shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on the property, at the property owner's cost, and shall require that the second primary unit or duplex shall only be used and developed in accordance with the requirements in this section, including, but not limited to, the development standards and the prohibition on short-term rentals stated in this section. Violation of the deed restriction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced.

(Ord. 2022-010, § 7, 7-19-2022.)

Chapter 20.05 - MIXED USE ZONING DISTRICTS

The general purpose of mixed use zoning districts is to:

A.

Provide appropriate locations for mixed use development containing both housing and commercial uses to meet the housing, commercial and office needs of Chino residents.

B.

Enable housing and nonresidential uses to locate in proximity to one another.

C.

Increase the ability for residents to walk to retail, services and other destinations.

D.

Provide for a development pattern that encourages the use of public transportation.

E.

Enhance the vitality of commercial corridors in Chino.

F.

Encourage a variety of housing types and sizes.

(Ord. 2010-05, § 1(exh. A), 2010.)

The specific purposes of each mixed use zoning district is as follows:

A.

Mixed use 20 (MU 20). The purpose of this district is to provide for relatively high density housing mixed with commercial and office uses. The designation is typified by ground floor level sales and service uses, including eating and drinking establishments, with residential and/or office uses on the upper floor levels. The MU 20 district permits fourteen to twenty dwelling units per adjusted gross acre and up to twenty-four dwelling units per adjusted gross acre with the provision of affordable housing.

B.

Mixed use 30 (MU 30). The purpose of this district is to provide for a high density housing mixed with commercial and office uses. The district is typified by ground floor level sales and service uses, including eating and drinking establishments, with residential and/or office uses on the upper floor levels. The MU 30 designation permits twenty to thirty dwelling units per adjusted gross acre and up to thirty-seven and a half dwelling units per adjusted gross acre with the provision of affordable housing.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Permitted uses. Table 20.05-1 identifies land uses permitted in mixed use zoning districts.

TABLE 20.05-1 LAND USE REGULATIONS FOR MIXED USE ZONING DISTRICTS

B.

Additional use regulations. The following additional regulations apply to uses located in mixed use zoning districts:

1.

Residential and office uses are permitted only on second or upper floors of a mixed use building.

2.

All development in mixed use districts shall include ground floor retail or services with upper floor residential or office uses.

3.

The gross floor area of a single ground floor commercial establishment in a mixed use district shall not exceed fifteen thousand square feet.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, § 3, 2011; Ord. 2013-003, § 7, 2013; ; Ord. 2016-001, § 6, 2016; Ord. 2019-013, § 6, 2019; Ord. 2020-006, § 4, 2020; Ord. 2021-001, § 5, 2021; Ord. 2023-001, § 3, 2023.)

A.

General standards. Table 20.05-2 identifies development standards that apply to all lots and structures located in mixed zoning districts.

TABLE 20.05-2 DEVELOPMENT STANDARDS FOR MIXED USE ZONING DISTRICTS

B.

Additional development standards. The following additional standards apply to lots and structures located in mixed use zoning districts:

1.

All commercial floor space provided on the ground floor of a mixed use building must have a minimum floor-to-ceiling height of eleven feet.

2.

All commercial floor space provided on the ground floor of a mixed use building must contain the following minimum floor area:

a.

At least eight hundred square feet or twenty-five percent of the lot area (whichever is greater) on lots with street frontage of less than fifty feet; or

b.

At least twenty percent of the lot area on lots with fifty feet of street frontage or more.

3.

Where appropriate, building façades shall help frame the street to provide for a pedestrian-oriented environment.

4.

No rear setbacks are required when an alley abuts the rear of the lot.

5.

When a lot abuts a residential parcel, the minimum setback shall be the same as required for the residential use on the abutting residential parcel.

(Ord. 2010-05, § 1(exh. A), 2010.)

Chapter 20.06 - COMMERCIAL ZONING DISTRICTS

The general purpose of commercial zoning districts is to:

A.

Provide locations for commercial uses to meet the needs of Chino residents and visitors.

B.

Promote a diverse local economy that is growth-oriented and dynamic.

C.

Provide locations for land uses that generate sales tax revenue for the city.

D.

Increase the number of high paying jobs available to Chino residents.

E.

Increase the ability for Chino residents to be able to live and work in the city.

(Ord. 2010-05, § 1(exh. A), 2010.)

The specific purpose of each commercial zoning district is as follows:

A.

Commercial neighborhood (CN). The purpose of this district is to promote shopping centers within close proximity to residential neighborhoods. Typically, centers in the CN district include a larger anchor tenant, such as a supermarket, together with a variety of smaller shops. The CN district is not intended for uses, such as department stores, that serve the city as a whole or the larger region. The CN district allows a FAR of up to 0.3.

B.

Commercial general (CG). The purpose of this district is to provide commercial areas to meet the daily and occasional shopping needs of Chino residents. The CG district allows a wide variety of commercial, office and restaurant uses to serve residents, employees and visitors throughout the city. The CG district allows a FAR of up to 1.0.

C.

Commercial office (CO). The purpose of this district is to accommodate the expansion of the job and economic base of the City of Chino and to provide more Chino residents with the potential to work in the city. The CO district provides sites for office and research and development uses that accommodate hightech, medical/hospital, legal, insurance, government and similar activities. The CO district allows a FAR of up to 1.0.

D.

Commercial regional (CR). The purpose of this district is to provide an area for commercial uses that serve a regional market. A wide range of commercial uses are permitted in the CR district, including department stores, home furnishings and appliance stores, apparel stores, specialty retail stores and restaurants. The CR district allows a FAR of up to 0.6.

E.

Commercial service (CS). The purpose of this district is to provide a central location for heavy commercial and certain light industrial uses, particularly service industries for agricultural, commercial and industrial uses. The CS district allows a FAR of up to 0.6.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Permitted Uses. Table 20.06-1 identifies land uses permitted in each commercial district.

TABLE 20.06-1 LAND USE REGULATIONS FOR COMMERCIAL ZONING DISTRICTS

Transportation, Communications and Utilities

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-01, § 4, 2011; Ord. 2011-06, § 4, 2011; Ord. 2013-003, § 8, 2013; Ord. 2014-013, § 4, 2014; Ord. 2016-001, § 7, 2016; Ord. 2016-005, § 2, 2016; Ord. 2017-009, § 1, 2017; Ord. 2019-013, § 7, 8, 2019; Ord. 2021-001, § 6, 2021; Ord. 2023-001, § 4, 2023.)

A.

General standards. Table 20.06-2 identifies development standards that apply to all lots and structures located in commercial zoning districts.

TABLE 20.06-2 COMMERCIAL DEVELOPMENT STANDARDS

B.

Additional development standards. The following additional standards apply to lots and structures located in commercial zoning districts:

1.

On developments two or more stories in height, an additional ten feet of building setback shall be provided for each story after the first.

2.

Within the CG, CO, and CN zones, properties that abut a residential zone shall provide a minimum setback of twenty feet. Additionally, a six-foot-high masonry block wall shall be constructed at the property line. The five feet nearest the wall shall consist of a landscape screen which will reach a height of at least ten feet.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2013-003, § 9, 2013; Ord. 2019-013, § 9, 2019.)

Chapter 20.07 - INDUSTRIAL ZONING DISTRICTS

The general purpose of industrial zoning districts is to:

A.

Provide appropriate locations for all types of distributive, industrial and related activities.

B.

Protect industrial activities by preventing incompatible uses from locating within industrial districts.

C.

Maintain an adequate supply industrial land to accommodate future industrial growth and development.

D.

Support a dynamic and innovative local economy.

E.

Ensure that industrial and related uses enjoy convenient access to the regional transportation system.

F.

Provide quality jobs that are available to residents of all income levels.

G.

Minimize the impacts of industrial activities on adjacent uses to the extent possible.

H.

Ensure the design of industrial structures that enhances the image of the city.

(Ord. 2010-05, § 1(exh. A), 2010.)

The specific purpose of each industrial zoning district is as follows:

A.

Business park (BP). The purpose of this district is to provide for a combination of commercial offices and industrial uses in a campus-like setting. The BP district provides areas for larger employment centers with reduced traffic congestion and allows for limited industrial activities which are compatible with intensive office development. The BP district allows for a maximum FAR of 0.6.

B.

Light industrial (M1). The purpose of this district is to provide areas for manufacturing which can be considered light in nature by reason of its size, activity and performance characteristics. It is intended that the M1 zone is used to provide for a wide variety of manufacturing uses that produce relatively limited volumes of traffic, noise, odors or pollutants. The M1 district allows for a maximum FAR of 0.6.

C.

General industrial zone (M2). The purpose of this district is to provide areas for a broad range of industrial uses. The M2 district allows for manufacturing, utilities and related uses that are not compatible with commercial or residential uses. The location of the M2 district is intended to minimize impacts of heavy industrial activities in Chino on nonindustrial land uses. The M2 district allows for a maximum FAR of 0.6.

D.

Airport development zone (AD). The purpose of this district is to provide areas for the operation of airport and aviation facilities, services and administrative uses, as well as incidental office uses. The AD district also provides areas for air freight handling facilities, aircraft hangars and public transportation and related facilities, including aircraft fuel and supply services.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Permitted uses. Table 20.07-1 identifies land uses permitted in each industrial zoning district.

TABLE 20.07-1 LAND USE REGULATIONS FOR INDUSTRIAL ZONING DISTRICTS

[1]

Only aviation-related uses are permitted.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, § 5, 2011; Ord. 2013-003, § 10, 2013; Ord. 2014-013, § 5, 2014; Ord. 2016-001, § 8, 2016 ; Ord. 2016-005, § 3, 2016; Ord. 2017-009, § 5, 2017; Ord. 2019-013, §§ 10 —13, 2019; Ord. 2021-001, § 7, 2021; Ord. 2023-001, § 5, 2023.)

A.

General standards. Table 20.07-2 identifies development standards that apply to all lots and structures located in industrial zoning districts.

TABLE 20.07-2 INDUSTRIAL DEVELOPMENT STANDARDS

B.

Additional development standards. The following additional standards apply to lots and structures located in industrial zoning districts:

1.

An additional fifteen feet of setback shall be provided for buildings that are three or more stories in height.

2.

Industrial properties that abut a residential zone shall provide a minimum setback of twenty feet. Additionally, a six-foot-high masonry block wall shall be constructed at the property line. The five feet nearest the wall shall consist of a landscape screen which will reach a height of at least ten feet.

3.

Along those portions of a building wall that exceeds twenty-five feet in height, an additional one foot of building setback shall be provided for each one foot of building wall height in excess of twenty-five feet.

C.

Additional AD standards. The following additional standards apply to lots and structures located in the airport development zoning district:

1.

Setbacks from streets. All structures in the AD zoning district shall be set back a minimum of twenty-five feet from all streets.

Parking. Parking lots serving uses with the AD zoning district shall be designed as specified in section 20.19.050 (Parking Design Standards).

3.

Design standards. All structures in the AD zoning district shall comply with the following design standards:

a.

Building materials. Building shall be constructed of materials that are high-quality, durable and weatherresistant.

b.

Colors. Color schemes shall be complementary with the area and setting. Accent colors shall be compatible with the main theme of the building.

c.

Reflective surfaces. The use of reflective surfaces and mirrored window glazing shall not interfere with airport and aircraft operations.

d.

Relationship to surroundings. Building colors, material, trim, accents, detailing, and architectural style shall be integrated into the overall design theme of the airport to encourage architectural visual interest.

e.

Entryways. The building's entryways shall be designed and placed as integrated elements of the overall building design.

f.

Multiple structures. When multiple structures are planned as part of a single development, the design shall be in a compatible architectural style. All buildings shall be designed with four-sided elevations, with detailing on all sides.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2019-013, § 14, 2019.)

Chapter 20.08 - AGRICULTURE, OPEN SPACE AND PUBLIC ZONING DISTRICTS

The general purpose of agriculture, open space and public districts is to:

A.

Preserve and protect agricultural and other natural resources in Chino.

B.

Provide for a variety of passive and active open space areas.

C.

Meet the recreational needs of a growing population.

D.

Provide adequate locations for public facilities and uses.

(Ord. 2010-05, § 1(exh. A), 2010.)

20.08.020 - District purposes.

The specific purpose of each zoning district is as follows:

A.

General Agricultural (AG). The purpose of this district is to provide areas for general agricultural uses. Permitted uses in the AG district include livestock ranges, crop cultivation, agriculture related residences and structures, parks and recreational areas and agricultural offices. Temporary commercial recreation facilities are also permitted with the approval of a Special Conditional Use Permit, excluding any property within the city that is subject to a specific plan.

B.

Open Space Recreational (OS 1). The purpose of this district is to provide areas for a variety of types of public parks. Permitted uses and structures in the OS 1 district include active playing fields, parks, and recreation facilities, urban parks and plazas, bicycle and walking trails, fountains, landscaped areas and corridors, natural open space and wildlife areas and water recharge and detention facilities.

C.

Open Space Natural (OS 2). The purpose of this district is to provide areas for open space conservation and passive recreational uses. The OS 2 district is intended to feature minimal or no development and to serve as visual buffers, natural open and wildlife corridors and water recharge and detentions/retention areas. The OS 2 district may contain hiking and biking trails and other landscaped areas. The OS 2 district is intended to preserve agricultural, cultural and historical resources, protect natural plant and animal habitats and provide links with regional habitat corridors. Temporary commercial recreation facilities are also permitted with the approval of a Special Conditional Use Permit, excluding any property within the city that is subject to a specific plan.

D.

Public (P). The purpose of this district is to provide locations for uses that support government, civic, cultural, recreational, health and infrastructure aspects of the community, such as public educational institutions, community and group meeting centers, fire stations, cemeteries and libraries. This district also accommodates large-scale public facilities such as storm water detention/retention facilities, water

treatment plants, solid waste transfer stations, recycling facilities, multi-modal facilities, transit station, corporation yards, cemeteries, and landfill sites.

E.

Public School (PS). The purpose of this district is to provide locations for public schools to serve Chino residents.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. No. 2024-004, § 2, 2024.)

20.08.030 - Use regulations.

A.

Permitted uses. Table 20.08-1 identifies land uses in the agricultural, open space and public zoning districts.

TABLE 20.08-1 LAND USE REGULATIONS FOR AGRICULTURAL, OPEN SPACE, AND PUBLIC ZONING DISTRICTS

[1] Excludes any property within the city that is subject to a specific plan.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, § 6, 2011; Ord. 2014-013, § 6, 2014; Ord. 2016-001, § 9, 2016; Ord. 2019-013, § 15, 16, 2019; Ord. 2020-006, § 5, 2020; Ord. 2021-001, § 8, 2021; Ord. 2023-008, § 2, 2023; Ord. No. 2024-004, § 3, 2024.)

A.

General standard structures located in the agricultural, open space and public zoning districts.

B.

Additional development standards. The following additional standard applies to lots and structures located in the agricultural, open space and public zoning districts:

1.

An additional five feet of setback shall be provided along primary and secondary arterial streets, as shown in the general plan transportation element.

TABLE 20.08-2 AGRICULTURE, OPEN SPACE AND PUBLIC DEVELOPMENT REGULATIONS

Feet 35 feet N/A N/A N/A N/A

(Ord. 2010-05, § 1(exh. A), 2010.)

Chapter 20.09 - OVERLAY DISTRICTS

The general purpose of overlay districts is to establish standards and regulations that apply to specified areas in addition to the provisions provided by the base zoning district. Overlay district address special characteristics and needs of specified areas, prevent potential hazards and land use conflicts and provide flexible development standards in a manner consistent with the City of Chino General Plan.

(Ord. 2010-05, § 1(exh. A), 2010.)

The requirements of Chapter 20.09 (Overlay Districts) apply to all land, uses and structures in addition to all applicable requirements of Chapters 20.03 to 20.08 (Zoning Districts), Chapter 20.21 (Standards for Specific Land Uses) and any other applicable provisions of this Code.

(Ord. 2010-05, § 1(exh. A), 2010.)

In the event of any conflict between Chapter 20.09 (Overlay Districts) and Chapters 20.03 to 20.08 (Zoning Districts) of this Code, the requirement specified in the overlay district shall apply. In the event that the overlay district is silent, the requirements of the base zoning district shall apply.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and intent. In addition to the general purpose of overlay districts as provided in section 20.09.010 of this Code, the specific purpose of the agriculture (AO) overlay district is to permit and support existing agricultural uses on properties that are or were under Williamson Act contracts at the time of annexation into the city. These properties are expected to remain in agricultural use until they transition to their underlying zoning designation, as shown on the zoning map.

B.

Permitted uses. In addition to the uses allowed under the base zoning, land, buildings and structures may be put to the uses allowed or conditionally allowed in the AG zone on unimproved, undeveloped, underdeveloped, or vacant property. The expansion of uses shall be subject to the requirements of the underlying zoning district.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and intent. The planning boundaries of the airport overflight area have been established by the airport comprehensive land use plan (ACLUP), prepared for Chino Airport pursuant to California Public Utilities Code section 21670 et seq. and generally shown on the zoning map. The provisions contained herein shall regulate the use and development of all property located within the airport overflight area. In addition to the general purpose of overlay districts as provided in section 20.09.010 of this Code, the specific purpose of the airport (A) overlay district is to:

1.

Implement the airport comprehensive land use plan, prepared for the Chino Airport pursuant to California Public Utilities Code section 21670 et seq.;

2.

Identify areas of the city subject to high noise levels and crash impacts by the operation of the Chino Airport; and

3.

Encourage the orderly use and development of the area around Chino Airport, which is compatible with continued airports operations.

B.

Permitted uses.

1.

Within each aviation safety zone identified in the ACLUP prepared for the Chino Airport, permitted uses shall be only those allowed by both the base zoning district and the airport overlay as shown in Table 20.09-1 of this chapter.

2.

An avigation easement shall be recorded against the property deed of all new development projects and use permits within a ten thousand-foot radius of Chino Airport (safety zone I, II and III), advising current and future property owner(s) of potential impacts and stating that the property may be subject to overflight noise, vibration, and dust from aircraft.

TABLE 20.09-1 AIRPORT LAND USE COMPATIBILITY

Legend: Clearly Acceptable—No restrictions.

Normally Acceptable—Restricted development undertaken only after detailed analysis and satisfactory mitigation measures are initiated. Normally Unacceptable—No new development shall be permitted.

Clearly Unacceptable—New construction or development should not be undertaken. Furthermore, an effort should be made to relocate existing uses.

• Assembly is the gathering together of persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining, or awaiting transportation, as defined in the California Building Code.

** Some specific uses in this group may be acceptable, provided the density criteria are met.

C.

Noise standards. California Administrative Code section 5000 et seq., establishes criteria for the regulation of noise in the vicinity of airports. In an effort to reduce and control the impact of noise generated from

Chino Airport on the community, noise contours have been established by the ACLUP prepared for Chino Airport. Within each noise contour identified on the noise contour map contained within the ACLUP, land shall only be used and/or developed in accordance with Table 20.09-2 of this chapter. The table establishes the degree of acceptability of certain land use groups within each noise contour.

In addition to the requirements of the ACLUP, a noise impact notification notice shall be recorded against the property deed of all new development projects and use permits within the 65 CNEL noise contour, advising current and future property owner(s) of potential impacts and stating that the property may be subject to overflight noise, vibration, and dust from aircraft.

==> picture [456 x 532] intentionally omitted <==

==> picture [457 x 460] intentionally omitted <==

D.

Objects affecting navigable airspace. Federal Aviation Regulation (FAR) Part 77, establishes criteria for determining obstructions in navigable airspace, sets forth procedures for noticing the FAA of certain proposed construction or alteration projects, provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace and provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation. The review of and restrictions on objects affecting navigable airspace shall be as prescribed by FAR Part 77.

(Ord. 2010-05, § 1(exh. A), 2010.)

20.09.060 - Downtown overlay district.

A.

Purpose. The downtown overlay district is intended to:

1.

Create pedestrian-friendly environments in downtown Chino that balance the needs of automobiles, bicycles and pedestrians.

2.

Promote high quality urban design in areas in high visibility areas of the city.

B.

Residentially zoned properties.

1.

Development standards. Residentially zoned properties within the downtown overlay district shall comply with the development standards in Table 20.09-3.

2.

General regulations. The design and development of residentially zoned property shall comply with the requirements of Table 20.09-3, Development Relations for Residentially Zoned Properties in Downtown Overlay District.

3.

Siting and Orientation. New street curb cuts on lots with alley access are discouraged and shall require approval by the director of community development and the city engineer.

TABLE 20.09-3 DEVELOPMENT REGULATIONS FOR RESIDENTIALLY ZONED PROPERTIES IN DOWNTOWN OVERLAY DISTRICT

Notes:

[1] Units constructed on or before May 20, 1965, without off-street parking shall provide one covered space at the time of any structural enlargement adding more than five percent to the GFA of the existing dwelling unit. Two garage spaces shall be provided for the primary dwelling unit prior to issuance of building permits for an accessory dwelling unit and its required parking.

[2] An additional five feet of setback shall be provided along primary and secondary arterial streets.

[3] A building or structure with a nonconforming side yard setback, in existence on September 16, 1977, may be added to, extended or enlarged, provided that a side yard setback equal to or greater than the existing side yard setback is provided.

[4] A minimum twenty-foot setback must be provided for garages and carports facing a street side yard, measured from the door/opening, to the property line.

[5] Open porches may be constructed in the front and street side setbacks to encroach no closer than twelve feet to the front property line and five feet to the street side property line.

4.

Compatibility. New primary dwelling units and expansions of existing primary dwelling units shall be compatible with the neighborhood in size, footprint, height, bulk, scale, coverage, and addressing security concerns.

C.

Nonresidentially zoned properties. Commercial and other nonresidentially zoned properties within the downtown overlay district shall comply with the following regulations:

1.

Setbacks.

a.

Maximum front setback: Ten feet.

b.

Building walls shall be built to the front property line for a minimum of seventy percent of the primary street frontage.

c.

Setback areas along the primary street frontage may be used only for building entryways, street-facing courtyards, sidewalk, landscape or other similar features.

d.

The building wall at the street frontage built with a minimum of fifty percent of the ground floor consisting of windows or storefronts with views into the building.

2.

Building entrances.

a.

Principal building entries shall front upon the primary street.

b.

Building entries shall be accented with features such as moldings, lighting, overhangs or awnings.

3.

Building mass and scale.

a.

Buildings shall be articulated to reflect a human-scale street frontage rhythm, with building storefront widths of approximately thirty to fifty feet.

b.

Minimum ground floor height for retail and office uses: Twelve feet.

c.

Buildings shall have a clearly defined base and roof edge so that the façade has a distinct base, middle and top at a scale that relates to an individual person.

4.

Architectural details.

a.

All façades shall emphasize three-dimensional detailing such as cornices, window moldings, textures and reveals to create a visually interesting pedestrian environment.

b.

Buildings located on corners shall include special design and architectural features that help to anchor the intersection.

5.

Pedestrian orientation.

a.

All development shall incorporate features as plazas, interior walkways, paseos, ornamental gates, trellises, lighting, plant materials, seating, fountains or other similar features to support attractive pedestrian spaces.

b.

Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.

c.

Clearly-marked pedestrian connections shall be provided between parking areas and buildings.

6.

Parking.

a.

Parking areas are prohibited between the building and primary street edge.

b.

Multi-story parking structures shall be lined with commercial, retail or residential use at the ground floor at street frontages.

c.

To the extent possible, all outdoor parking areas should be divided into smaller units to reduce visual impacts associated with large expanses of pavement and vehicles.

d.

Building siting and parking design shall maximize opportunities for shared parking, access entries and driveways in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles.

e.

Whenever possible, vehicle access should be provided from side streets and alleys to limit the number of driveways along the main thoroughfares.

7.

Landscaping.

a.

Street trees shall be included along all street frontages of commercial development. Trees shall be selected from a list of city-approved trees and shall be approved by the director prior to installation.

b.

Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space.

c.

Where appropriate, landscape beds shall be provided along street curbs. Suitable landscaping beds include pots, planters and sustainable stormwater retention features.

d.

All landscaped areas shall have automatic irrigation systems installed to ensure that plant materials survive.

e.

Landscaped areas, including trees and other planting, as well as paving, walls and fences shall be regularly maintained.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2014-013, § 7, 2014; Ord. 2016-005, § 4, 2016; Ord. 2017-009, § 6, 2017; Ord. 2019-013, § 17, 2019; Ord. 2020-006, §§ 6, 7, 2020.)

A.

Purpose and intent. Due to the high number of small contiguous lots, sporadic existing development, the opportunity to develop the properties behind those fronting onto Central Avenue, the desire to develop the area in an aesthetic and functional manner, and the need to minimize and control traffic flow onto Central Avenue, the city council has found and declared that the property within the Central Avenue specific plan presents unique problems for its development.

1.

The Central Avenue specific plan is intended to:

a.

Promote a positive image for the Central Avenue corridor by attracting quality development and by structuring land use, circulation and urban design in a manner that creates a coherent whole; and

b.

Provide specific urban design guidelines to ensure that, as the plan is implemented, each project will contribute positively to the overall character and ambience of Central Avenue.

B.

Applicability.

1.

The Central Avenue specific plan is intended to supplement the provisions of this title. In the event of conflicts between the provisions of the specific plan document and the zoning ordinance of the city, the provisions of the Central Avenue specific plan shall apply, unless otherwise specified by this section.

2.

In addition to the requirements of the Central Avenue specific plan, the planning commission may impose specific requirements which are reasonably necessary to overcome the problems recognized in Subsection A.1. of this section. Upon request of a project applicant, the planning commission shall prepare findings supporting the relationship (nexus) between the standards set forth by this title and the requirements imposed upon a proposed development.

C.

Permitted uses. Uses permitted or conditionally permitted on property within the Central Avenue specific plan area shall be in accordance with the zoning district within which such property is located, as shown on the official zoning map and zoning maps distributed for general information to the public, except that, within Central Avenue specific plan district 5A and the downtown/civic center master plan area, those uses listed within the specific plan shall apply.

D.

Development requirements. The development or alteration of any property, or the erection, installation, alteration or enlargement of any building or structure thereon, shall be subject to the standards and guidelines of the Central Avenue specific plan, and the following development requirements:

1.

Property shall only be developed in such a manner as to overcome the problems of development recognized in Subsection A.1. of this section.

2.

The owner(s) of any property upon which a development project is proposed, or the erection, installation, alteration or enlargement of any building or structure thereon, shall convey any and all easements

necessary for ingress and egress onto and from contiguous or nearby properties in order to overcome the problems of development recognized in Subsection A.1. of this section.

3.

Existing residential development which is converted to commercial use shall have a minimum width of ninety-six feet, measured along the front lot line, except as permitted within district 4A, district 5A, and the downtown/civic center master plan area (phases 1 and 2) of the Central Avenue specific plan. Furthermore, the exterior of the structure to be converted may be required to be upgraded to conform to all codes and ordinances in effect at the time of conversion.

4.

New commercial development may only occur on lots having a minimum width of ninety-six feet, measured along the front lot line, except as permitted within district 4A, district 5A, and the downtown/civic center master plan area (phases 1 and 2) of the Central Avenue specific plan.

5.

Any item not covered by the Central Avenue specific plan, shall be governed by the provisions of this title.

(Ord. 2010-05, § 1(exh. A), 2010.)

20.09.080 - Industrial planned development overlay district.

A.

Purpose. The purpose of the industrial planned development overlay district is to achieve superior development, as compared to that which can be achieved through the strict application of the standards of a specific zoning district, by permitting greater flexibility in the design of industrial development, and promote a more efficient, aesthetically pleasing, and desirable use of land.

B.

Permitted uses. Uses permitted or conditionally permitted within the industrial planned development overlay district shall be in accordance with the base zoning district. However, in establishing an industrial planned development overlay district or approving a project within an industrial planned development overlay district, the planning commission and/or city council may limit, or for mixed use developments, add certain land uses, finding that such revisions are necessary to enhance the quality and character of the development and to ensure the compatibility between uses located within a planned development project and with existing or potential uses within the general area of the site. For the purpose of this section, a mixed use development shall be considered a development that consists of a variety of complementary uses including, but not limited to: Residential, office, commercial retail and entertainment, that is planned and designed as a unified, comprehensive project area and that is visually integrated through architectural design, and functionally integrated through the use of shared vehicular and pedestrian access and parking areas.

C.

Special conditional use permit required. An application for a special conditional use permit shall be filed in accordance with the provisions of section 20.23.080 of this Code for any modifications to an existing industrial planned development overlay district. An application for a zone change shall be filed in accordance with the provisions of section 20.23.060 of this Code for the establishment of an industrial planned development overlay district, and shall set forth a master plan of development for property located within the industrial planned development overlay district.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and intent. The purpose of the overlay districts for affordable housing—the affordable housing overlay (AHO) district and the mixed use overlay (MUO) district—is to promote the development of affordable housing for low and very low-income households in specific areas identified in the general plan at densities of up to thirty dwelling units per acre if affordability requirements established in this section are met. More specifically, the AHO and MUO allow residential uses where they would not otherwise be allowed and provide for additional density in return for projects providing more affordable housing. The

AHO is intended for standalone affordable housing projects, while the MUO provides for mixed use development with affordable housing either on upper floors or in separate buildings. This section also provides the residential development community two alternatives for construction of affordable housing within market-rate development and offers a streamlined process for administrative review of qualifying projects with affordable housing using checklists and objective standards as required by state law.

B.

Relation to base zoning. The AHO and MUO district regulations shall apply in the case of a conflict with the base zoning district regulations when a housing project is proposed. However, when an applicant proposes only non-residential uses, then only the base zoning district land use regulations and development standards apply. The AHO and MUO regulations and development standards only apply to proposed housing projects.

C.

Permitted uses. Table 20.09-4 identifies residential land uses permitted in the AHO and MUO districts in addition to the uses that are permitted within the existing base zoning district.

TABLE 20.09-4: ADDITIONAL LAND USES PERMITTED IN AHO AND MUO DISTRICTS

Public Storage

C - MUO only Sections 20.21.210 and 20.09.090(E)(4)

D.

Required density and increased density for affordable housing.

1.

Minimum and maximum density.

a.

Rental projects. The maximum density for residential development with rental units in the AHO and MUO districts shall be twenty-six units per adjusted gross acre unless a project qualifies for additional density by providing more affordable housing pursuant to subsection (2) below or qualifies for additional density under state law under subsection (3) below, or both.

b.

For sale projects. The maximum density for residential development with for-sale units in the AHO and MUO districts shall be thirty units per adjusted gross acre provided that at least three percent of the units are available for purchase by moderate income households at an affordable purchase price.

c.

Minimum density. The minimum residential density in the AHO and MUO districts shall be twenty-six units per adjusted gross acre.

2.

Additional density for affordable rental housing. An increase in the maximum density is allowed, as shown in Table 20.09-5, for qualifying residential development with rental units if the percentage of low-income units meets or exceeds the percentages shown, provided that the maximum density shall not exceed thirty units per adjusted gross acre.

TABLE 20.09-5: ADDITIONAL DENSITY FOR QUALIFYING AFFORDABLE RENTAL HOUSING PROJECTS IN AHO AND MUO DISTRICTS

Additional density under state law. Applicants also may be eligible for a density bonus, incentives, and/or concessions under the state density bonus law, the Affordable Housing and High Road Jobs Act of 2022, and other applicable state laws.

E.

Additional land use regulations for MUO district.

1.

Types of mixed use allowed. Both horizontal and vertical mixed use development shall be allowed in the MUO district.

a.

Horizontal mixed use development allows a range of uses adjacent to one another, either in separate buildings or parcels. Individual buildings may share project components, such as parking, serving, loading, and utility areas.

b.

Vertical mixed use allows for a mix of uses within a single building where non-residential uses occupy the ground floor and residential uses are on the upper levels. A vertical mixed use project may have surface parking, subterranean parking decks, and/or at grade and above grade parking decks.

2.

Minimum amount of residential use required in a mixed-use project. In a mixed use project, at least fifty percent of the gross floor area shall be reserved for residential use.

3.

One hundred percent residential use allowed. Projects developed in an MUO district may be one hundred percent residential. No minimum percentage of non-residential uses is required.

4.

Active and pedestrian-oriented frontages required. Along the primary building frontage, active ground floor uses are required in mixed use buildings with residential uses above commercial uses for at least sixty percent of street-facing spacing. These may include retail shops, eating and drinking establishments, retail banks, financial and business services, personal services, and offices for walk-in clientele, such as employment agencies, insurance offices, real estate offices, travel agencies, and offices for elected officials. For residential only buildings along a primary building frontage, an active frontage with a pedestrian orientation can include windows and glass doors, stoops and steps, covered entries, and windows providing views into active space within the building, such as lobbies and gyms. The director of development services also may allow these active and pedestrian-oriented frontages to be provided along private streets, interior walkways, and around plazas and courtyards within the interior of a mixed use project rather than on exterior frontages facing arterial streets.

5.

Public storage facilities. In addition to the requirements of Section 20.21.210, public storage shall comply with the following standards:

a.

Minimum site size. Public storage facilities are only allowed within mixed use development on sites with of five acres or more.

b.

Setbacks. Public storage facilities shall be setback a minimum of fifty feet from front and street side property lines.

c.

Maximum building height. If freestanding, the maximum building height for a public storage facility shall not exceed the building height of an adjacent residential only or mixed us building.

d.

Maximum floor area. The maximum floor area for public storage facilities on a site shall not exceed twentyfive percent of the gross floor area for all residential and non-residential uses.

e.

Exterior building materials. The exterior building materials, colors, and finishes of the public storage facility shall be the same as those used for residential and mixed use buildings on the project site to create a unified appearance.

f.

Building articulation. The building facades of public storage facilities that face streets or residential and mixed use buildings in a project shall include building projections or recesses, doorways or window trim, and other details that provide architectural articulation and visual interest.

g.

On-site management. On-site, twenty-four-hour management shall be provided, and the planning commission may establish specific hours of operation as a condition of approval of a conditional use permit for a public storage facility.

F.

Development standards for the AHO district. All residential development in the AHO district shall comply with the development standards in Table 20.09-6 and the supplemental design standards following the table; and with the multiple-family residential design standards in Section 20.17.050 to the extent these are not superseded by the supplemental design standards following the table. If no housing is proposed, then

s for the AHO district. All residential development in the AHO district shall comply with the development standards in Table 20.09-6 and the supplemental design standards following the table; and with the multiple-family residential design standards in Section 20.17.050 to the extent these are not superseded by the supplemental design standards following the table. If no housing is proposed, then

non-residential development must comply only with the standards of the base zoning district with which the AHO district is combined and the commercial design standards in Section 20.17.070.

TABLE 20.09-6: DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT IN THE AHO DISTRICT

Notes:

[1] Additional FAR is allowed up to 1.25 for projects with affordable rental units. The amount of additional FAR shall be calculated based on the increase in density allowed for qualifying projects meeting affordable housing criteria. For example, if a project receives a one unit per acre increase in density, then it receives a 0.125 increase in allowable FAR.

[2] Additional height is allowed up to 45 feet for lots with at least 100 feet of primary street frontage to enable provision of sloped roofs and common open space for recreational facilities. The upper story above

40 feet shall be setback back an additional seven feet from the interior property line if the project is adjacent to a residential zoning district.

[3] The front setback may be reduced to 10 feet on the following streets: Riverside Drive and Central Avenue.

[4] A minimum 20-foot setback must be provided for garages and carports facing a street.

[5] Open or covered porches may be constructed in the front and street side setbacks to encroach no

closer than 12 feet to the front property line and 5 feet to the street side property line. [6] New street curb cuts are not allowed on lots with alley access unless approved by the director of development services and the city engineer to accommodate affordable housing units.

1.

Required side and rear yards for residential uses. In order to provide light and air for residential units and additional separation for rooms that contain areas that require additional privacy considerations, the following minimum setbacks shall apply to any building wall containing windows and facing an interior side or rear yard. The required setbacks apply to that portion of the building wall containing and extending three feet on either side of any window.

a.

For any wall containing living room or other primary room windows, a setback of at least fifteen feet shall be provided.

b.

For any wall containing sleeping room windows, a setback of at least ten feet shall be provided.

c.

For all other walls containing windows, a setback of at least five feet shall be provided.

2.

Required building wall on designated streets. Along Riverside Drive and Central Avenue south of Highway 60, building walls shall be constructed along or within ten feet of the front property line for a minimum of seventy percent of the primary street frontage and forty percent on secondary street frontages. This requirement may be waived by the director of development services upon finding that:

a.

Ground-floor residential uses are proposed, a minimum fifteen-foot setback is proposed, and substantial landscaping will be located between the build-to and ground-floor residential units as a buffer;

b.

Entry courtyards, plazas, entries, or outdoor eating areas are located between the build-to line and the building and buildings are constructed at the edge of the courtyard, plaza, or dining area;

c.

The building incorporates an alternative entrance design that creates a welcoming entry facing the street.

3.

Building entrances.

a.

Principal building entries shall front upon the primary street or be in a visually-prominent location as determined by the director of development services.

b.

Building entries shall be accented with features such as moldings, lighting, overhangs, or awnings.

4.

Building mass and scale.

a.

To reduce upper-story building mass, floorplates for the third story and above shall not exceed eighty percent of the ground-floor floorplate. The director of development services may waive this requirement upon finding the architectural articulation of exterior walls and a sloped roof modulates the visual mass of the top of the building and avoids the appearance of a box-like structure.

b.

Buildings that are more than one hundred fifty feet in length shall include a minimum two-foot vertical variation in height for at least fifty feet.

5.

Pedestrian orientation and accessible pedestrian facilities on designated streets.

a.

Along Riverside Drive and Central Avenue south of Highway 60, all development on sites over two acres in size shall incorporate such features as plazas, interior walkways, canopies, arcades, paseos, ornamental gates, trellises, lighting, plant materials, seating, fountains, or other similar features, as appropriate, to support and enhance pedestrian spaces.

b.

Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.

c.

Clearly marked pedestrian connections shall be provided between parking areas and buildings.

d.

All sidewalks, crosswalks, courts, plazas and residential buildings shall be designed to be safe, accessible, and convenient for individuals of all abilities, whether travelling by foot, wheelchair, or other mobility aid, consistent with the city's adopted policy on accessible pedestrian facilities.

Parking.

a.

Parking areas are prohibited between the building and primary street edge. On-site parking shall be in the rear half of the site or within a parking structure.

b.

Multi-story parking structures within twenty-five feet of a street frontage shall be lined with foundation landscaping at the ground floor.

c.

Building siting and parking design shall maximize opportunities for shared parking, access entries, and driveways in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles.

d.

Whenever possible, vehicle access shall be provided from side streets and alleys to limit the number of driveways along arterial streets.

7.

Landscaping.

a.

Street trees shall be included along all street frontages with multi-family housing development. Trees shall be selected from a list of city-approved trees and shall be approved by the director of development services prior to installation.

b.

Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space.

G.

Development standards for the MUO district. All residential-only buildings and mixed use development with residential units in the MUO district shall comply with the development standards in Table 20.09-7 and the supplemental design standards following the table, and with the multiple-family residential design standards in Section 20.17.050 and the mixed use design standards in Section 20.17.060 to the extent these are not superseded by the supplemental design standards following the table. Non-residential development shall comply with the standards of the base zoning district with which the MUO district is combined and the commercial design standards in Section 20.17.070.

TABLE 20.09-7: DEVELOPMENT STANDARDS FOR RESIDENTIAL AND MIXED USE DEVELOPMENT IN MUO DISTRICT

Notes:

[1] Additional FAR is allowed up to 1.25 in mixed use development with affordable rental units. The amount of additional FAR shall be calculated based on the increase in density allowed for qualifying projects meeting affordable housing criteria. For example, if a project receives a one unit per acre increase in density, then it receives a 0.0625 increase in allowable FAR.

[2] Additional height is allowed up to 55 feet for lots with 100 feet of street frontage to enable provision of sloped roofs and common open space for recreational facilities. The upper story above 40 feet shall be setback back an additional seven feet from the interior property line if the project is adjacent to a Residential zoning district.

[3] A minimum 15 feet of front and street side setback shall be provided along primary and secondary arterial streets. A reduced front setback may be allowed on the following streets: Riverside, Central, and Euclid.

[4] A minimum 20-foot setback must be provided for garages and carports facing a street.

[5] Open or covered porches may be constructed in the front and street side setbacks to encroach no closer

than 12 feet to the front property line and 5 feet to the street side property line.

[6] New street curb cuts are not allowed on lots with alley access unless approved by the director of development services and the city engineer to accommodate for affordable housing units.

1.

Required side and rear yards for residential uses. In order to provide light and air for residential units and additional separation for rooms that contain areas that require additional privacy considerations, the following minimum setbacks shall apply to any building wall containing windows and facing an interior side or rear yard. The required setbacks apply to that portion of the building wall containing and extending three feet on either side of any window.

a.

For any wall containing living room or other primary room windows, a setback of at least fifteen feet shall be provided.

b.

For any wall containing sleeping room windows, a setback of at least ten feet shall be provided.

c.

For all other walls containing windows, a setback of at least five feet shall be provided.

2.

Required building wall on designated streets. Along Riverside Drive and Central Avenue south of Highway 60, building walls shall be constructed along or within ten feet of the front property line for a minimum of seventy percent of the primary street frontage and forty percent on secondary street frontages. This requirement may be waived by the director of development services upon finding that:

a.

Ground-floor residential uses are proposed, a minimum fifteen-foot setback is proposed, and substantial landscaping will be located between the build-to and ground-floor residential units as a buffer;

b.

Entry courtyards, plazas, entries, or outdoor eating areas are located between the build-to line and the building and buildings are constructed at the edge of the courtyard, plaza, or dining area;

c.

The building incorporated an alternative entrance design that creates a welcoming entry facing the street.

3.

Required ground floor transparency for non-residential uses. Exterior walls for non-residential ground-floor uses facing and within twenty feet of a front or street side property line shall include windows, doors, or

other openings for at least sixty percent of the building wall area between two feet and eight feet above the sidewalk. No wall shall run in a horizontal plane more than twenty-five feet without an opening.

a.

Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work area, lobbies or other active spaces, and window displays shall be at least three feet in depth.

b.

Parking garages are not required to meet these transparency requirements.

c.

Alternatives to the building transparency requirement may be approved by the director of development services for uses that have unique operational requirements making windows or doors infeasible or for street-facing building walls that exhibit architectural relief and detail with landscaping that creates visual interest at the pedestrian level.

4.

Building entrances.

a.

Principal building entries shall front upon the primary street.

b.

Building entries shall be accented with features such as moldings, lighting, overhangs, or awnings.

5.

Building mass and scale.

a.

To reduce upper-story building mass, floorplates for the fourth story shall not exceed eighty percent of the ground-floor floorplate. The director of development services may waive this requirement upon finding the architectural articulation of exterior walls and a sloped roof modulates the visual mass of the top of the building and avoids the appearance of a box-like structure.

b.

Buildings that are more than one hundred fifty feet in length shall include a minimum two-foot vertical variation in height for at least fifty feet.

c.

To maintain a human-scale at the street level where ground floor commercial space is provided, building storefront widths shall not exceed thirty feet without a recess or a break, which may be a building entry or a separate display window.

d.

Minimum ground floor height for commercial uses, including retail shops, restaurants, and offices: fourteen feet.

6.

Pedestrian orientation and accessible pedestrian facilities on designated streets.

a.

Along Riverside Drive and Central Avenue south of Highway 60, all development on sites over two acres in size shall incorporate features such as plazas, interior walkways, canopies, arcades, paseos, ornamental gates, trellises, lighting, plant materials, seating, fountains, or other similar features, as appropriate, to support and enhance pedestrian spaces.

b.

Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.

c.

Clearly marked pedestrian connections shall be provided between parking areas and buildings.

d.

Encroachments into the public right-of-way are allowed for outdoor seating in conjunction with full-service restaurants and food retailers, provided a minimum six-foot wide walkway and pedestrian clear zone is maintained, and the outdoor eating area is contiguous with interior eating space and does not encroach into the public right-of-way of an adjacent business. An encroachment permit issued by the city is required, and a fee may be charged.

e.

All sidewalks, crosswalks, courts, plazas, and residential buildings shall be designed to be safe, accessible, and convenient for individuals of all abilities, whether travelling by foot, wheelchair, or other mobility aid, consistent with the city's adopted policy on accessible pedestrian facilities.

7.

Parking.

a.

Long-term parking and residents' guest parking areas are prohibited between the building and primary street edge. On-site parking shall be in the rear of buildings in the back half of the lot or development site. Short-term drop-off spaces, short-term parking for retail shops, and a limited number of parking spaces for guests of residents may be allowed with valet service in courtyards and at building entries with approval of the planning commission.

b.

Multi-story parking structures within twenty-five feet of a street frontage shall be buffered with foundation planting or lined with commercial, retail, or residential use at the ground floor.

c.

Building siting and parking design shall maximize opportunities for shared parking, access entries and driveways in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles.

d.

Whenever possible, vehicle access shall be provided from side streets and alleys to limit the number of driveways along arterial streets.

8.

Landscaping.

a.

Street trees shall be included along all street frontages of mixed-use development. Trees shall be selected from a list of city-approved trees and shall be approved by the director of development services prior to installation.

b.

Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space.

H.

Open spaces standards for residential projects. The open space requirements of the multiple-family residential design standards in Section 20.17.050 for private areas and common areas shall apply to all proposed residential development and to residential units in mixed use development with the following modifications. Private areas shall consist of balconies, decks, patios, or fenced yards directly accessible from the residence. Common areas shall consist of landscaped areas, walks, patios, swimming pools, picnic and barbeque areas, playgrounds, children's play areas, playing courts, turf, rooftop areas, gym and fitness facilities, space for yoga, dance and instruction, or other such improvements as are appropriate to enhance the outdoor living environment of the development and to provide recreational facilities for residents. Landscaped courtyard entries that are oriented towards the public street and create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular

accessways, trash enclosures, and similar items or devoted to perimeter landscaping shall be developed as common areas with the types of attributes described above.

1.

Minimum amount of outdoor living area (private or common open space). The minimum percentage of net lot area devoted to permanent open space is twenty percent, and the minimum area to be devoted to outdoor living area (private or common open space) shall be four hundred square feet per unit.

2.

Minimum amount of private open space. The minimum amount of private open space shall be at least twenty-five percent of the amount of outdoor living area required. This space shall be provided on patios, decks or balconies shall be as follows:

a.

Ground floor units: one hundred fifty square feet patio with a minimum horizontal dimension of ten feet or seventy-two square foot deck with a minimum horizontal dimension of six feet; and

b.

Upper level units: seventy-two square feet with a minimum horizontal dimension of six feet.

3.

Minimum amount of common open space areas. A minimum of sixty-five percent of the required outdoor living area shall be provided as common open space with a minimum horizontal dimension of twenty feet. This common open space shall be a well-designed, coherent area that is an essential component of the project's design, not merely space left over after the building mass is placed.

a.

Landscape areas having minimum dimensions of less than twenty feet but at least five feet at any point which are contiguous with and an integral part of the common open space or are connected to the common open space by walkways, may be included in calculating the area of such space. Non-contiguous landscape areas proposed to be included shall not exceed twenty percent of the total area of common open space.

b.

Up to one-half of covered patio areas designed to be commonly used by residents of a development may be included in calculation of common open space provided such area does not comprise more than twenty-five percent of the total common open space.

c.

Up to fifteen percent of the required common open space area may be provided within a recreational building.

4.

Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. The maximum slope shall not exceed ten percent.

5.

Accessibility.

a.

Private open space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

b.

Common open space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.

6.

Recreational facilities requirements. In high density multi-family or mixed use development with a minimum of twenty-five dwelling units per gross adjusted acre, essential recreational facilities, as prescribed below, may be proposed in lieu of the requirements of major and minor facilities in Section 20.17.050(C) which require more land than may be available in a high density project. These essential recreational facilities may include: 1) a gym or fitness room, 2) space for yoga, dance, or other instruction, 3) enclosed or outdoor space for playing courts or games, 4) children's play area, 5) picnic and barbeque area, or 6) children's daycare space. At least two hundred fifty square feet per unit shall be provided for these recreational facilities, and there shall be a minimum of two of these facilities in projects with ten to fifty units, three of these facilities in projects with fifty-one to one hundred units, and four or more of these facilities in projects with more than one hundred units. No essential recreational facilities are required in a small project, with less than ten dwelling units. The space allocated for recreational facilities shall count toward the requirement for common open space, and this space may be within buildings.

I.

Minimum affordable housing requirement.

1.

Requirement. Residential development projects in an AHO and an MUO district with ten or more dwelling units shall provide the following minimum numbers of affordable housing units:

a.

Rental projects: nine percent of the total units affordable to low-income households at an affordable rent.

b.

For-sale projects: three percent of the total units in a common interest development for moderate income households at an affordable sales price, provided that all of the units are offered to the public for purchase.

c.

Projects with both rental units and for sale units: The minimum numbers shall be calculated separately for each type of housing.

2.

Calculations. All calculations of the number of affordable units required to be built on-site in a project that result in fractional units shall be rounded up to the next whole number.

3.

Common owners and control. An applicant for development within an AHO or MUO district shall not avoid the requirements of this section by submitting piecemeal planning applications. At the time of the first application for residential development, the applicant shall identify all contiguous property under common ownership and control. The applicant shall not be required to construct housing on contiguous property but must include such property in a comprehensive affordable housing plan.

4.

Income qualifications. Household income qualifications shall be those established by the California Department of Housing and Community Development each year for San Bernardino County, as adjusted for household size, pursuant to California Code of Regulations, Title 25, Section 6932, and Health and Safety Code Section 50093.

5.

Location, size, design, and distribution of affordable units. Affordable units shall have the same bedroom and bathroom count ratio as the market rate units in a project, be equally distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. The affordable housing units shall be integrated with other housing units in the housing development with regard to siting and placement within buildings and shall not differ in exterior appearance from the other housing units. The location of the affordable housing units may or may not be on contiguous parcels within the site. In no event shall the affordable housing units be located in only one portion of the housing development or situated in one building of a multi-building development.

6.

Timing of construction. All required affordable units shall be made available for occupancy prior to, or concurrently with, the market-rate units. The affordable units may be constructed in phases if the marketrate units are constructed in phases, provided that the percentage of affordable units developed in each phase shall be equivalent to or greater than the total percentage of affordable units to be developed as part of the residential development until such time that all the affordable units have been built.

J.

Alternatives. In lieu of providing the affordable units in the housing development project required by Section 20.09.090.D. and I., the requirements of those subsections may be satisfied through one or more of the alternatives set forth below.

1.

In-lieu fee.

a.

For housing development projects proposing up to twenty units, the developer may, by right, pay a fee in lieu of providing affordable units on site.

b.

For housing development projects proposing more than twenty units, the developer shall only be allowed to pay in-lieu fees if the planning commission makes a finding that providing affordable units on-site would result in an extreme financial hardship to the developer and make the proposed project financially infeasible. The developer shall submit a request to pay a fee in lieu of providing affordable units on site as part of the project application. Such request shall include sufficient documentation and financial analysis to allow the planning commission to make the required findings. At the city's discretion, the city may contract with a third-party financial consultant to evaluate the documentation and analysis submitted by the applicant and make a recommendation to the city regarding the issues of extreme financial hardship and financial infeasibility. The developer shall be required to reimburse the city for all costs related to hiring any such third-party consultant, which shall be in addition to any other required application fees. The demonstration of financial hardship and infeasibility may be based on, among other things, such factors as project size, site constraints, and/or excessively large affordability gaps, or upon a demonstration that in the absence of allowing for payment of in-lieu fees, the imposition of the affordable housing production requirements in this section would violate the California and/or United States Constitutions because it would be a regulatory taking of property without fair and just compensation.

c.

In-lieu fees shall be paid as follows:

(i)

The amount of the fee shall be calculated using the fee schedule established by resolution of the city council at the time the fee is paid.

(ii)

One-half of the in-lieu fee required by this subsection shall be paid (or a letter of credit posted) prior to issuance of a building permit for all or any part of the housing development project. The remainder of the fee shall be paid before a certificate of occupancy is issued for any unit in the housing development project. In a phased project, payment of fees also may be allowed in phases, corresponding to the number of units in each phase.

(iii)

The fees collected shall be deposited in the overlay district affordable housing fund established by Section 20.09.090(M).

2.

Land dedication. In lieu of providing affordable units on-site, a developer may request city council approval to dedicate land to the city or to a city-approved affordable housing developer that the director of development services determines is suitable for the construction of the required number of affordable units and is within one mile of the project site. To accept a land dedication in lieu of on-site affordable units, the city council must determine the fair market value of the dedicated land is equivalent to or greater than the amount of in-lieu fees that would have been needed to satisfy the housing development project's affordable housing obligation and that the required number of units for very low-income residents will be built on this land based on a proposed conceptual site plan and proforma financial analysis demonstrating project feasibility with available funding.

a.

The developer must submit evidence that the land proposed to be dedicated is under the developer's control, will be conveyed at no cost to the city or a city-approved affordable housing developer with experience building rental housing for very low-income households, is free of any liens, all property taxes and special taxes have been paid, does not contain any hazardous materials, has the appropriate general plan designation and zoning to allow construction of the required number of units, and has the necessary infrastructure and public improvements to support the required number of affordable units. Only sites within an AHO or MUO district that are within one mile of the project site can be considered for land dedication.

b.

The developer must disclose whether any hazardous materials were previously contained on the site; and hazardous materials were previously remediated, the developer must provide evidence that the cleanup was performed in accordance with applicable law.

c.

The land proposed for dedication cannot have been improved with any residential use for at least five years prior to the submission of a land dedication proposal.

d.

The affordable units to be constructed on the dedicated land shall be at least twenty percent of the total number of units in the project, and these units must be rental units affordable to very low income households.

3.

Off-site construction. A market-rate developer may enter into an agreement with an affordable housing developer to construct, own, and operate affordable rental housing units required by Sections 20.09.090(D) and (I), provided:

a.

The affordable housing developer is approved by the director of development services on the basis of recent relevant experience;

b.

The affordable housing developer does not request any financial assistance from the city;

c.

The affordable rental housing units shall be constructed prior to or concurrently with the market-rate development triggering the affordable housing requirement; and

d.

At least twenty percent of the total number of units to be built on the site shall be rental units affordable to very low-income residents.

K.

Review procedures.

1.

Preliminary review. A developer requesting additional density above twenty-six units per adjusted gross acre for a rental project under Section 20.09.090(D) shall submit an application for preliminary review,

accompanied by the required application fee, for feedback prior to the submittal of any formal requests for approval of additional density. The purpose of the preliminary review is to determine whether the proposed development is in substantial compliance with applicable planning regulations and to establish the basis and procedures for granting the additional density. The following information is required to be submitted for preliminary review in the form of a proposed affordable housing plan in addition to information required by the department's preliminary review checklist:

a.

Evidence that the project includes the qualifying percentages of affordable units set forth in Section 20.09.090(D) to justify the additional density requested;

b.

Calculations showing the maximum base density and the density with the additional units;

c.

Number and percentage of total units that are proposed to meet affordability criteria and the income level to which the units will be restricted; and

d.

A description of any proposed waivers or reductions of development standards or other zoning requirements, consistent with the provisions of Government Code Section 95915(k).

2.

Site approval required. All residential development or mixed use development with residential units in an AHO or MUO district shall require approval of a site approval application as outlined under Section 20.23.090. For residential development and mixed use development with residential units, design review by the planning commission shall be undertaken only to determine compliance with the city's objective design standards using the site approval process.

3.

Additional findings for approval. The planning commission shall grant a site approval if it makes the findings required by Section 20.23.090 and the following additional findings:

a.

The proposed development meets the affordability criteria for the requested density in accordance with the requirements of subsection (D) and (I); and

b.

The increased density would not have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment or on any real property listed in the California Register of Historic Resources.

4.

Conditions of approval. The planning commission has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the general plan, any applicable specific plan adopted by the city council, and this title are met, including requirements for needed off-site public improvements. The commission may require reasonable guarantees and evidence that such conditions are being, or will be, met.

5.

Special procedures for projects with at least twenty percent affordable units. Notwithstanding any other provision of this Section 20.09.090, owner-occupied and rental multifamily residential developments in either an AHO or MUO district that are located on a site that is included in Appendix B (Candidate Sites Analysis) of the city's Sixth Cycle Housing Element (2021—2029), meet the objective development standards and density requirements in this section, and in which at least twenty percent of the units are affordable to lower income households shall be a use by right. For purposes of this subsection (K)(5), "use by right" shall have the meaning given in Government Code section 65583.2(i), as may be amended. Developments that qualify under this subsection (K)(5) shall be subject to the review procedures in this subsection (K), except that neither the design review nor the site approval shall be considered a "project" for purposes of the California Environmental Quality Act.

L.

Required affordable housing agreement for continued affordability. Prior to the issuance of a building permit for any residential development project with affordable housing units in an AHO or MUO district, the applicant shall enter into a written agreement with the city ensuring the continued affordability of the affordable dwelling units for a period of not less than seventy-five years or as long as the property is in residential use, whichever is greater, for rental units and forty-five years for for-sale units. The terms and conditions of the agreement shall be binding upon the successor in interest of the developer and shall be recorded in the main office of the San Bernardino County assessor-recorder-clerk. The agreement shall be executed by the city manager, be in a form acceptable to the city attorney, and include provisions for the following:

1.

The number and proportion of housing units affordable to moderate-income, low-income, and very lowincome households by type, their location, and the number of bedrooms in each one;

2.

Standards for maximum qualifying household incomes and maximum rents or sale prices;

3.

Minimum home buyer payments and sources of funds for them;

4.

The party responsible for certifying rents and sales prices of affordable housing units and reporting this information to the city;

5.

The process that will be used to certify incomes of tenants or purchasers of the affordable housing units;

6.

The manner in which vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units;

7.

Deed restrictions on the affordable housing units binding on property upon sale or transfer and any subsequent sale or transfer;

8.

Enforcement mechanisms to ensure that the affordable rental units are continuously occupied by eligible households and are not rented, leased, sublet, assigned, or otherwise transferred to non-eligible households, with reasonable allowances for inherited units and units initially occupied by very low-income individuals who incomes may increase to a low-income level;

Provisions allowing moderate income homebuyers to resell the unit at fair market value in return for the city receiving payment equal to the original affordability gap plus a defined share of the equity appreciation achieved on sale, which shall be deposited in the city's overlay district affordable housing fund and used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership; and

10.

Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the market-rate units.

M.

Overlay district affordable housing fund. There is a separate fund of the city known as the overlay district affordable housing fund, and all in-lieu fees or other funds collected under this section shall be deposited into the overlay district affordable housing fund. Additional funds from other sources also may be deposited in the overlay district affordable housing fund.

1.

Money deposited in the overlay district affordable housing fund may be used to pay for the direct costs associated with administration and enforcement of the affordable housing program established for the AHO and MUO districts.

2.

After payment of expenses, at least seventy percent of the remaining money shall be expended to provide housing affordable to low income and very low-income housing holds; the remaining money may be expended to provide housing affordable to moderate-income households.

3.

The fund shall be administered by the director of development services.

4.

A developer receiving funding from the fund shall implement a local preference in their resident selection criteria.

(Ord. 2023-008, § 3, 2023; Ord. No. 2024-003, § 2, 2024.)

Chapter 20.10 - STANDARDS FOR ALL DEVELOPMENT AND LAND USES

This chapter establishes city-wide standards for specific types of structures, activities and development. These standards supplement the zoning-district specific standards in Chapters 20.03 to 20.09 (Zoning Districts). The intent of these standards is to minimize impacts of development and uses, clarify rules for measurement and promote high quality design in Chino.

(Ord. 2010-05, § 1(exh. A), 2010.)

All uses and structures shall comply with the following performance standards to minimize environmental impacts and conflicts between land uses:

A.

No use shall create a nuisance due to noise, odor, dust, mud, smoke, steam, vibration or other similar causes.

B.

All uses or activities shall be conducted within a wholly enclosed building, unless otherwise permitted in the applicable zoning district.

C.

Repealed by Ord. 2015-002.

D.

Waste materials that are associated with any use causing fumes or dust, are a fire hazard, or that are edible by, or otherwise attractive to, rodents or insects, shall be stored in closed containers.

E.

No use shall cause the emission of any smoke, ash, dust, fumes, vapors, gases or other forms of air pollution that can cause damage to human health, vegetation, or other forms of air pollution that can cause excessive soiling on any other parcel. No emission shall be permitted which exceeds the requirements of the South Coast Air Quality Management District or the requirements of any air quality plan adopted by the City of Chino.

F.

No use shall be permitted which emits odorous gases or other odorous matter in such quantities as to be dangerous, harmful, noxious or otherwise objectionable at a level that is detectable with or without the aid of instruments at or beyond the project site boundary.

G.

No use shall discharge at any point into any public or private street, public sewer, storm drain, private stream, body of water, or into the ground, any material that can contaminate any water supply, interfere with bacteriological processes in sewerage treatment, or otherwise cause the emission of dangerous or offensive elements, except according to the standards approved by the California Department of Public Health, or any other federal, state or local government agency.

H.

No use shall be permitted to cause a steady state, earth-borne oscillation that is continuous and occurring more frequently than one hundred times per minute beyond the project site. Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempt from this requirement.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2013-003, § 11, 2013; Ord. 2015-002, § 2, 2015.)

20.10.030 - Height measurement and exceptions.

A.

Height measurement. The height of a structure shall be measured as the vertical distance from the average level of the highest and lowest point of the portion of the lot covered by the structure to the highest point of the structure.

==> picture [312 x 165] intentionally omitted <==

B.

Maximum height of structures. The maximum height of each structure shall not exceed the height limit established for the applicable zoning district in Chapters 2.04 to 2.09 (Zoning Districts). No structure shall be constructed or altered to exceed the height limit established in these chapters except as otherwise provided by this section.

C.

Height limit exceptions.

1.

Towers, spires, cupolas, chimneys, elevator penthouses, water tanks, flagpoles, monuments, antennas, and similar structures and necessary mechanical appurtenances may exceed the maximum permitted height in the applicable district.

2.

No portion of a structure that exceeds the height limit shall cover an area greater than fifteen percent of the building footprint area.

Structures may exceed the height limit set forth in each district subject to the following:

a.

Ten feet or less shall be subject to an administrative approval.

b.

More than ten feet shall be subject to approval of a site approval by the planning commission.

(Ord. 2010-05, § 1(exh. A), 2010.)

20.10.040 - Setback requirements and exceptions.

A.

Setbacks measurement. Setbacks shall be measured as the distance between the property line and the nearest point of the wall of the structure along a line at a right angle to the property line.

==> picture [252 x 245] intentionally omitted <==

B.

Minimum setbacks. The minimum setbacks of structures from property lines shall be as established for the applicable zoning district in Chapters 2.04 to 2.09 (Zoning Districts). No structure shall encroach into required setbacks except as otherwise provided by this section.

C.

Allowed projections. The following exceptions shall apply to minimum setback requirements:

1.

Eaves, canopies, or other similar roof projections may extend a maximum of four feet into a required front or rear yard, and a maximum of two feet six inches into a required side yard.

2.

Cornices, fireplaces, sills, built-up reveals and other similar architectural features may extend a maximum of two feet into a required front, rear, or side yard. However, in no case shall the side yard width be reduced to less than three feet.

3.

Open, unenclosed stairways and balconies, not covered by a roof or canopy, may extend a maximum of four feet into a required front or rear yard.

4.

Fences, hedges and walls may be permitted in any required yard, subject to the provisions of section 20.10.80 (Walls and Fences) of this Code.

5.

Signs and advertising structures may be permitted within a required yard, subject to the provisions of Title 16 of the Chino Municipal Code.

D.

Projections over property lines. No portion of a structure shall extend beyond a property line or street rightof-way.

(Ord. 2010-05, § 1(exh. A), 2010.)

Mechanical equipment shall comply with the following regulations:

A.

Any mechanical equipment (e.g., HVAC, fans, blowers, etc.), or any other similar equipment appurtenant to a structure, whether located on the roof, side of a structure, or on the ground, shall be completely screened from public view.

B.

The method of screening shall be architecturally compatible with the serviced building in terms of materials, color, shape and size.

C.

A continuous screen shall be provided where a number of individual pieces of equipment are used over a single area.

D.

Large ground-mounted equipment, such as silos and/or dust collectors, shall be appropriately located so as to minimize dust, noise, steam, vibration, vectors or other similar impacts on surrounding properties.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Purpose and intent. This section establishes standards for refuse and recycling facilities in order to:

1.

Reduce solid waste generation in Chino and increase levels of recycling.

2.

Ensure the high quality design of refuse and recycling areas.

3.

Minimize the impacts on refuse and recycling areas on residents, tenants and adjacent uses.

B.

Applicability.

1.

The refuse and recycling facility standards for single-family uses contained in this section apply to all single-family uses, including those established prior to the adoption of this Code.

2.

Refuse and recycling standards for multiple-family and nonresidential uses contained in this section apply to:

a.

All new multiple-family and nonresidential development projects.

b.

Modifications to existing multiple-family and nonresidential uses that add thirty percent or more to the existing floor area of the principal structure, either through a single alteration or through multiple alterations within a twelve-month period.

C.

Single-family uses.

Refuse and recycling bins shall be stored out of public view, either behind a fence or within a garage or other enclosure. If storing bins out of public view is physically impossible, bins may be stored adjacent to the side of the house or garage in an area behind the front yard setback that is specifically designed to accommodate the bins.

2.

For developments designed to store refuse and recycling bins within the garage, the bins shall be stored in an area outside of the required twenty-foot by twenty-foot clear area for parking.

3.

Refuse and recycling bins may not be placed for collection before 12:00 p.m. on the day preceding scheduled collection, and must be removed no later than 12:00 p.m. on the day following the scheduled collection. Containers must be placed for collection along the curb in front of the dwelling where the refuse was generated.

4.

Enclosures for refuse and recycling bins visible from public view shall be softened with landscaping to the greatest extent possible.

5.

Enclosures shall be located so that refuse and recyclables collection activities do not block driveways accessing the property.

D.

Multiple-family and nonresidential uses. The following standards apply to multiple-family and nonresidential uses that provide large refuse and recycling bins for the joint use of multiple occupants or tenants. Multiplefamily and nonresidential uses that do not provide such joint-use bins shall comply with Subsection C. (Single-Family Uses), above:

1.

All uses and structures shall provide separate bins for the collection of refuse and recyclable materials.

2.

The minimum number of bins shall be as determined by the director of community development, based upon the type, size and intensity of development, and the anticipated frequency of trash/recyclables pickup.

3.

Bin design.

a.

Bins shall be designed in accordance with standard drawings as approved by the planning commission.

b.

Bins containing recyclable materials shall provide covers or lids to protect against weather conditions that might render the materials unmarketable.

4.

Bin enclosures.

a.

Bins shall be enclosed by a six-foot-high decorative masonry block walls and solid gates to entirely obscure bins from view.

b.

Gates shall be fitted with self-closing door devices with cane bolts in front of the masonry block walls to secure the gates when in the open position. Gates should be equipped with rod locks and corresponding rod holes to secure gates in both the open and closed gate positions.

c.

Enclosures for refuse and recyclable materials bins shall be provided with a separate walk-in entrance no greater than four feet in width.

d.

For multiple-family, commercial, and business park uses, a shade structure shall be provided and designed so as to be compatible with surrounding buildings and structures.

e.

All bin enclosures shall be surrounded by a minimum eighteen inch wide planter area, exclusive of any required curb, for the purpose of providing landscape material, with the exception of the gate area. The landscape requirement shall not apply to enclosures located within private yard areas for industrial zoned property.

5.

Bin enclosure location.

a.

Refuse/recycling enclosure shall be located outside of all required setback areas.

b.

For multiple-family uses, enclosures shall be located so as to minimize noise, odor and aesthetic impacts on dwelling units.

c.

A sign clearly identifying all refuse and recycling collection areas shall be posted adjacent to all points of access to the enclosure.

6.

As a condition of permit approval, a project applicant may be required to develop a written recycling plan to be reviewed and approved by the director of community development. At a minimum, the recycling plan shall include:

a.

Identification of targeted materials to be recycled;

b.

Collection frequency of refuse collection and recycling service;

c.

Refuse collection and recycling company authorized by the city to provide solid waste handling services; and

d.

Method of recycling program promotion and communication with tenants, business owners and their employees.

7.

Refuse storage and recycling areas shall be used only for the storage of refuse and recycling materials.

8.

Refuse storage and recycling areas shall be kept in a neat and orderly condition and in good repair at all times.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2016-005, § 5, 2016.)

Alternative energy structures shall comply with the following regulations:

A.

Solar panels.

All photovoltaic solar panel systems shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and other accredited testing laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.

2.

Roof mounted solar panels are permitted with a zoning clearance, subject to the regulations in section 20.10.070.A. Ground mounted solar panels are permitted as an accessory use with an administrative approval.

3.

Solar panel systems servicing multifamily residential and nonresidential uses shall comply with the following standards:

a.

Ground-mounted solar panels may not be located in a front setback area and shall not exceed eight feet in height above the ground.

b.

Roof-mounted solar panels may extend six feet above the height requirements of the applicable zoning district.

c.

Roof-mounted solar energy systems shall be located to ensure emergency access to the roof and provide emergency egress from the roof.

4.

Solar panel systems servicing a single-family residential home shall comply with the following standards:

a.

All equipment except for solar panels and conduit shall be screened from view along the front elevation.

b.

Solar energy equipment shall be installed in the location that is least visible from adjacent streets so long as this does not significantly decrease energy performance or significantly increase cost.

c.

Solar panels shall be integrated into the design of the structure as an architectural element to the greatest extent possible.

B.

Wind turbines.

1.

Turbines shall only be allowed on parcels one acre or larger in size.

2.

Turbines shall be painted a neutral, nonreflective color, such as beige or white.

3.

Power lines shall be placed underground when feasible.

4.

A turbine shall be designed and appropriately sized to serve the needs of a home, small business or farm.

5.

The turbine and tower shall not exceed the maximum building height for the zone in which they are located, as measured when rotor blades are in vertical (or highest) position.

6.

The wind energy system structure or anchoring system shall be set back from all property lines by one foot in distance for every one foot in height of turbine tower.

7.

Appropriate warning signs shall be placed on or near wind turbines.

8.

Noise levels resulting from normal operation of the wind turbine shall not exceed forty decibels.

9.

When appropriate or necessary, climb lock or prevention measures should be taken to avoid potential safety hazards.

10.

The turbine shall be placed and oriented to avoid casting shadow or causing "flicker" on any buildings of adjacent landowners, especially windows.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, § 7, 2011; Ord. 2016-005, § 6, 2016.)

Walls and fences shall comply with the following regulations:

A.

Measurement of fence or wall height.

1.

The height of a fence, wall or other similar structure shall be measured from the finished grade at the base to the top edge of the fence material, as shown in Figure 20.10-3.

2.

If the fence is atop a wall, the height shall be measured from the base of the wall.

3.

If there is a difference from one side of fence to the other within, the height shall be measured from the side with the lowest finished grade.

4.

The director of community development may permit a wall up to eight (8) feet in height if the topography of a lot would result in a wall less than five feet in height on a residential lot.

==> picture [288 x 164] intentionally omitted <==

B.

Height limits. A fence, wall or other similar structure shall not exceed the height limits in Table 20.10-1 (Maximum Height of Fences).

TABLE 20.10-1 MAXIMUM HEIGHT OF FENCES

C.

Location standards.

1.

No fence shall be constructed within the public right-of-way.

2.

No fence shall be constructed within three feet of the center of any fire protection hydrant.

There shall be a twelve-inch minimum clearance around all meter boxes.

4.

There shall be a two-foot minimum clearance around street lights.

5.

There shall be a three-foot minimum clearance around sign posts.

6.

On an interior lot where the side or rear property line of the lot is common with another lot's side or rear property line, a wall or fence may be constructed along the common property line for purposes of property division and/or security.

7.

On a corner lot where the rear property line of a lot is common with another lot, a wall or fence may be constructed on the lot at least eighteen inches from the street side property line. The area between the wall or fence and the sidewalk (or curb) shall be fully landscaped and maintained.

D.

Materials standards.

1.

Walls or fences shall be constructed of decorative masonry, ornamental steel or iron, or wood and shall be of a complementary color and/or material with adjacent buildings. Other materials may be considered if the director determines the design to be compatible with adjacent structures and its surrounding neighborhood.

2.

Chain-link or wire mesh fences are prohibited in areas visible from a public or private street, or a main drive aisle serving a complex or center of three or more units.

3.

Fences shall be constructed so that no hazards, such as nails, spikes, wires or other sharp or pointed objects, protrude from or exist upon the fence, excluding decorative spires. The use of barbed wire, razor wire and other similar materials is prohibited, unless deemed necessary for safety by the Director.

4.

Long expanses of fence or wall (fifty or more feet in length) adjacent to a public right-of-way shall have offset areas (decorative pilasters or a jog in the wall) of a minimum of three to four feet along its length and shall be architecturally designed to prevent monotony.

For new perimeter walls, pilasters shall be decorative in nature, shall occur at angled turns in wall directions, vertical grade changes of wall height, and end wall transitions to fencing. Pilasters shall be a minimum twenty-four inches square and provided along all street frontages and areas visible from public view. The number and spacing of the pilasters shall be determined by the length and location of the wall to achieve an aesthetically-pleasing design. An eight inch gap shall be provided between the top of wall or fence and pilaster cap.

E.

Protection of visibility.

1.

There shall not be visual obstruction in the form of any wall, fence, obstacle, mature landscaping, or object allowed, installed, set out, or maintained, which exceeds a height of three feet above the nearest street pavement surface or, if there is no pavement, the existing traveled roadway; excepting existing or future permanent buildings which are otherwise constructed or maintained in accordance with applicable zoning and building regulations, public utility poles, trees trimmed at the trunk to a point at least eight feet above the level of the street or traveled roadway (provided that trees are spaced so that trunks do not create a visual barrier), and official traffic or other governmental signs.

2.

Intersecting streets, intersecting alleys and alleys intersecting streets. At intersecting streets, intersecting alleys and alleys intersecting streets, a certain area shall be maintained free of visual obstructions (corner cutoff) to assure adequate sight distance for vehicular and/or pedestrian traffic. The corner cut-off shall be provided pursuant to standard drawings established by the city engineer.

F.

Required walls and fences.

1.

Zone boundary separation. A six-foot high solid masonry block wall shall be constructed along property lines and/or zone boundary lines that separate industrial and commercial zoning districts from adjoining residential zoning districts. The wall shall be reduced to three feet in height within any required front yard. Walls that face a street or are in full public view shall be decorative.

2.

Unsafe areas. A six-foot high wall or fence shall be constructed along the perimeter of all areas determined by the director of community development, the building official, or the city engineer, to pose a danger to the public health or safety.

3.

Swimming pools.

a.

Areas surrounding a swimming pool shall be fully enclosed by a minimum five-foot high nonclimbable fence.

b.

All entrances and exits from an enclosed swimming pool area shall have self-closing, self-latching closures installed. All latches shall be located at least four and one-half feet above finish grade.

4.

Residential developments. The following shall apply to all new and move-on residential development projects:

a.

Residential developments of two or more dwelling units shall provide six foot high walls as follows:

i.

Perimeter walls. A decorative masonry wall (slump or split-face block, or plaster/stucco finish only) with pilasters and a decorative cap shall be constructed along the perimeter of all new residential developments. For the purposes of this section, "perimeter" shall mean interior side and rear project boundaries, and street frontages without front-on units.

ii.

Interior walls and fences. A six-foot high masonry wall shall be constructed along interior side and rear yards, and connecting between property line walls and dwellings with appropriate gates for rear yard access.

iii.

Retaining walls. If any part of a perimeter wall retains earth on either side of the property line, the required height of the wall shall be six feet, measured from the side of the wall adjacent to the residential property. If the retaining portion of the wall is taller than two feet, measured from the side of the wall adjacent to the street, a second wall shall be constructed on the side adjacent to the street, at least two feet from the retaining wall.

iv.

Street-facing walls. A six-foot high decorative masonry wall (slump or split-face block, or plaster/stucco finish only) shall be constructed along all street side yards, and shall be set back at least eighteen inches from the property line. The area between the wall or fence and the sidewalk (or curb) shall be fully landscaped and maintained.

b.

A development consisting of one single-family dwelling unit, including move-on houses, shall provide a sixfoot high decorative wood fence or masonry block wall at the rear and side property lines, and across the side yards to fully secure the rear yard.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2013-003, §§ 12, 13, 2013; Ord. 2019-013, § 19, 2019.)

Outdoor lighting shall comply with the following regulations:

A.

Illumination.

1.

Lighting on private and public property shall be designed to provide safe and adequate lighting while minimizing light spillage to adjacent properties.

2.

Outdoor lighting shall utilize energy-efficient fixtures and lamps.

3.

All areas with frequent vehicular and pedestrian traffic shall have lighting providing a minimum one foot candle of light at ground level during the hours of darkness.

4.

Lighting for parking facilities shall be designed to provide a minimum average illumination of one and a halffoot candles of light, measured at ground level. However, maximum average illumination shall not exceed three foot candles for commercial developments and two foot candles for multifamily residential and industrial developments, measured at ground level.

5.

No lighting on private property shall produce an illumination level greater than one foot candle on any property within a residential zoning district.

6.

Permanently installed lighting shall not blink, flash, or be of unusually high intensity or brightness.

7.

Lighting within and adjacent to the OS2 zoning district shall be designed so as to minimally impact habitat areas.

B.

Fixtures.

1.

Maximum height of freestanding outdoor light fixtures shall be as follows: For residential property with nonresidential uses, the maximum height shall be twelve feet. For non-residential property adjacent to residential development, the maximum height shall be fourteen feet. Otherwise the maximum height shall be twenty-five feet. Overall, light fixtures shall be the minimum height necessary to maintain the average illumination requirement.

2.

Light fixtures shall be shielded, recessed, and directed downward and away from adjoining properties and public rights-of-way to reduce light spillage.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2016-005, § 7, 2016.)

The parking and storage of recreational vehicles and campers on single-family residential lots shall comply with the following regulations:

A.

Permanent residences. Mobile homes, travel trailers, motorhomes and campers used as permanent residences shall be located only in officially designated mobile home parks. Recreational vehicles used as temporary living units shall comply with Chapter 20.12.030 (Temporary Uses).

B.

Parking and storage.

1.

A recreational vehicle shall only be stored on property owned by the owner of the recreational vehicle or on property where the registered owner resides.

2.

A stored recreational vehicle shall bear current vehicle registration (if required by state law).

3.

Recreational vehicles shall not be stored within any required front or street side setback area. For the purposes of these provisions, the term "stored" means continuously parked in the same location for more than seventy-two hours.

4.

All stored recreational vehicles shall be screened from public view by building walls, decorative screen walls or fences and landscaping to the greatest extent possible.

5.

A stored recreational vehicle shall bear current vehicle registration as required by state law.

6.

Vehicles may be stored within an interior side yard without screening if the vehicle is placed upon a paved surface.

7.

Recreational vehicles stored within an interior side yard area shall not be stored in a wrecked, dismantled or inoperative condition.

8.

A recreation vehicle may be stored within a street side yard, provided it does not encroach over a sidewalk or other parts of the public right-of-way and the vehicle is screened from view of the street by a minimum five-foot high decorative wall or fence.

9.

A recreational vehicle may be parked for a maximum of seventy-two hours in the driveway or on a paved surface in the front yard area, provided the vehicle is parked perpendicular to the street and does not encroach over a sidewalk or other part of the public right-of-way.

10.

For the purposes of this section, the term "recreational vehicle" shall also include horse trailers, tractors, and farm equipment, except for legal nonconforming agricultural properties.

C.

Exemption for disabled persons. The intent of this exemption is to provide emergency shelter and convenience for disabled persons.

1.

The recreational vehicle storage requirements stipulated by this section shall not be applicable to any recreational vehicle dwelling unit as defined by Subsection 20.24.020R. of this Code, that is owned and operated by a disabled person provided the disabled person can present evidence of issuance of a special license plate for the disabled persons issued under section 5007 of the California Vehicle Code or a distinguishing placard or temporary distinguishing placard as defined by sections 22511.55 or 22511.59 of the California Vehicle Code for at least one fully operable vehicle owned and operated by the disabled person and registered to the same address or location.

2.

A person using a distinguishing placard issued under sections 22511.55 or 22511.59 of the California Vehicle Code, or a special license plate issued under section 5007 of the California Vehicle Code of the

purposes of this exemption, shall, upon request of a peace officer or person authorized to enforce parking laws, ordinances, or regulations, present identification and evidence of the issuance of that placard or plate to that person. Failure to present the requested identification and evidence of the issuance of that placard or plate shall be a rebuttable presumption that the placard or plate is being misused. In addition to any other applicable penalty for the misuse of a distinguishing placard or special license plate, the exemption from the RV storage requirements shall be voided.

3.

Certain specialized trailers used for the transportation of a wheelchair, electric cart, or similar transportation device used by a disabled person, may also qualify for this exemption as determined by the director of community development.

4.

Camper shells, whether mounted on a truck or not, or boats/watercraft of any kind, shall not be allowed to utilize this exemption.

(Ord. 2010-05, § 1(exh. A), 2010.)

The use and construction of metal buildings is generally discouraged throughout the city, except where the characteristics of a use necessitate the use of metal buildings, such as aircraft hangars. Prefabricated metal buildings for use in residential zoning districts shall be regulated by the provisions of Chapter 20.11.050 of this Code.

(Ord. 2010-05, § 1(exh. A), 2010.)

Chapter 20.11 - ACCESSORY STRUCTURES

This chapter provides standards for accessory structures that are secondary and subordinate to the primary structure on the site. The three types of accessory structures are defined in Table 20.11-1 (Types of Accessory Structures).

TABLE 20.11-1 TYPES OF ACCESSORY STRUCTURES

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2017-009, § 7, 2017; Ord. 2020-006, §§ 8, 9, 2020.)

20.11.020 - Accessory dwelling units and junior accessory dwelling units.

A.

This section is intended to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code and, in case of ambiguity, shall be interpreted to be consistent with such provisions.

B.

Accessory dwelling units and junior accessory dwelling units shall comply with the following requirements:

1.

Definitions.

(a)

"Accessory dwelling unit" means an attached or detached dwelling unit that provides complete, independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence.

(b)

"Dwelling structure" means a residential dwelling including any garage, storage area, or accessory structure attached to the residential dwelling.

(c)

"Efficiency kitchen" means a kitchen that includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(d)

"Junior accessory dwelling unit" means a unit that is no more than five hundred square feet in size and contained within or attached to a single-family residence.

(e)

"Passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit or junior accessary dwelling unit.

(f)

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Location.

(a)

An accessory dwelling unit may either be attached to, located within, or detached from a proposed or existing single-family or multifamily dwelling structure.

(b)

An accessory dwelling unit located within a multifamily dwelling structure shall be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state building standards for dwellings.

(c)

A junior accessory dwelling unit shall be located within or attached to a proposed or existing single-family dwelling structure.

3.

Number of accessory dwelling units per lot.

(a)

No more than one accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot with one or more existing or proposed single-family residence.

(b)

One, but not both, of the following options is permitted on a lot with an existing multifamily residence:

(i)

The amount of accessory dwelling units allowed within a multifamily dwelling structure shall be equal to twenty-five percent of the amount of units in the multifamily dwelling structure, provided that fractional units shall be rounded down and at least one accessory dwelling unit shall be allowed in each multifamily dwelling structure. For example, one accessory dwelling unit is allowed in a multifamily dwelling structure with seven or fewer units; two accessory dwelling units are allowed in a multifamily dwelling structure with eight to eleven units; and three accessory dwelling units are allowed in a multifamily dwelling structure with twelve units.

(ii)

No more than two detached accessory dwelling units are allowed on a lot with an existing multifamily residence.

(c)

Notwithstanding any other provision in this section, the number of accessory dwelling units and junior accessory dwelling units permitted on a parcel that was created through an urban lot split shall be limited as described in Section 19.04.110.G.

4.

Required facilities.

(a)

Accessory dwelling units shall include complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and full bathroom.

(b)

Junior accessory dwelling units shall include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence.

5.

Separate entrances.

Junior accessory dwelling units and accessory dwelling units located within a primary residence or attached to a primary residence shall include a separate entrance from the main entrance to the primary residence. However, no passageway to the unit is required.

6.

Development standards.

(a)

An accessory dwelling unit shall comply with the development standards in Table 20.11-2 (Development Standards for Accessory Dwelling Units).

[1] Maximum size requirements for an accessory dwelling unit or junior accessory dwelling unit apply to the entire structure, including a garage, exterior storage space, or other structure that is attached to the unit but is not intended for use as livable space.

[2] Not applicable to junior accessory dwelling units.

[3] Setback requirements only apply to construction of new buildings, whether attached to or detached from the primary dwelling. No setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit where the unit will not change the dimensions of the existing structure.

[4] An accessory dwelling unit may be built on top of a one story detached garage or other detached structure in the RD 8, RD 12, RD 14, RD 20, and Mixed Use zoning districts. An accessory dwelling unit may not be built on top of a detached garage or any other detached structure in the RD 1, RD 2, RD 4.5, or AG zoning districts.

(b)

Except as provided in Table 20.11-2, accessory dwelling units shall comply with all building and

development standards applicable to the primary residence, including maximum lot coverage requirements, subject to subsection (d).

(c)

The total floor area of a detached accessory dwelling unit shall not exceed eighty percent of the total floor area of the primary structure, excluding any attached or detached garage.

(d)

If the applicable maximum lot coverage requirement, or the floor area ratio requirement in subsection (c), would prevent the approval of an attached or detached accessory dwelling unit that is at least eight hundred square feet, an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to eight hundred square feet, provided that the unit complies with all other development standards.

(e)

The architectural design and detailing, roof material, and exterior color and finish materials of an accessory dwelling unit shall match the primary dwelling.

(f)

Accessory dwelling units are not required to have fire sprinklers if they are not required for the primary residence.

(g)

Efficiency units, as defined in Section 17958.1 of the Health and Safety Code, and manufactured homes may be used as accessory dwelling units, subject to compliance with the requirements of this code.

(h)

The correction of nonconforming zoning conditions shall not be required as a condition of approval for the creation of an accessory dwelling unit or a junior accessory dwelling unit.

7.

Sale and rental of units.

(a)

Accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence.

(b)

An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be rented for a term of less than thirty one consecutive days.

8.

Parking requirements.

(a)

One on-site parking space shall be provided for each accessory dwelling unit on a lot, consistent with the parking requirements in Chapter 20.18 of the is code, except as otherwise provided in subsection (c).

(b)

No additional parking spaces are required for a junior accessory dwelling unit.

(c)

Notwithstanding subsection (a), no additional parking is required for accessory dwelling units in the following circumstances:

(1)

The accessory dwelling unit is located within one-half mile walking distance of public transit.

(2)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

(3)

The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure.

(4)

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(5)

When there is a car share vehicle located within one block of the accessory dwelling unit.

(d)

Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway or in setback areas, unless the director of development services, or the director's designee, finds that tandem parking and/or parking in setback areas is not feasible based upon specific site or regional topographical or fire and life safety concerns.

(e)

Offstreet parking spaces do not need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit.

9.

Utilities.

An accessory dwelling unit may be metered separately from the main dwelling for gas, electricity and water services. A sewer connection separate from the main dwelling may also be provided.

10.

Junior accessory dwelling units - owner occupancy.

The property owner must reside in any single-family residence that includes a junior accessory dwelling unit. The owner may reside in either the junior accessory dwelling unit or the remaining portion of the structure. However, owner-occupancy is not required if the owner is a government agency, land trust, or housing organization.

11.

Junior accessory dwelling units - deed restriction.

The approval of a junior accessory dwelling unit will be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the city on the property where unit is, or will be, located. The deed restriction will include the following:

(a)

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

(b)

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Government Code section 65852.22.

(Ord. 2020-006, § 10, 2020; Ord. 2021-001, § 9, 2021; Ord. 2022-010, § 8, 7-19-2022.)

Editor's note— Ord. No. 2020-006, § 10, adopted March 17, 2020, repealed § 20.11.020, and enacted a new § 20.11.020 as set out herein. The former § 20.11.020 pertained to accessory dwelling units and derived from Ord. 2017-009, § 8, 2017; and Ord. 2019-013, § 21, 2019.

A.

Habitable accessory structures shall comply with the following standards:

1.

The structure shall be located on the same lot as the primary structure.

2.

The structure shall only be for the use of the occupants of the primary structure, their nonpaying guests or domestic employees.

3.

Accessory structures shall not be rented for use independent of the primary structure.

4.

The structure shall not contain a kitchen or an area that can be easily converted into a kitchen.

TABLE 20.11-3 DEVELOPMENT STANDARDS FOR HABITABLE ACCESSORY STRUCTURES GREATER THAN ONE HUNDRED TWENTY SQUARE FEET IN AREA

[1] A habitable accessory structure may be built on top of a one story detached garage or other detached structure in the RD 8, RD 12, RD 14, RD 20, and Mixed Use zoning districts. A habitable accessory structure may not be built on top of a detached garage or any other detached structure in the RD 1, RD 2, RD 4.5, or AG zoning districts.

[2] The structure must also comply with the floor area ratio requirement in Section 20.11.030(A)(9). The planning commission may approve a structure larger than one thousand two hundred square feet by granting a special conditional use permit pursuant to Section 20.11.030(A)(8).

5.

The structure shall comply with all requirements of this code that are applicable to the main dwelling, including, but not limited to, building setbacks, lot coverage, building height and architectural design.

6.

Minimum setbacks and maximum height for habitable accessory structures shall be as provided in Table 20.11-3.

7.

Habitable accessory structures shall not require off-street parking. If an existing garage of a primary residence is being converted to a habitable accessory structure, parking shall be replaced as required by Subsection 20.18.020.B of this Code.

8.

The maximum size of the structure shall be one thousand two hundred square feet, except that the planning commission may approve a larger structure with a special conditional use permit.

9.

The total floor area of a detached habitable accessory structure shall not exceed eighty percent of the total floor area of the primary structure, excluding any attached or detached garage.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, §§ 8, 9, 2011; Ord. 2013-003, § 14, 2013; Ord. 2014-013, § 9, 2014; Ord. 2016-005, § 8, 2016; Ord. 2017-009, § 9, 2017; Ord. 2019-013, § 22, 2019; Ord. 2020-006, §§ 11, 12, 2020; Ord. 2021-001, § 10, 2021.)

A.

General requirements. The following standards shall apply to all nonhabitable accessory structures:

1.

The structure shall be located on the same lot as the main building.

2.

The structure shall not contain a kitchen, cooking facilities, or any habitable area, but may include restroom facilities.

3.

The structure shall not be rented for use independent of the primary structure on the site.

4.

Structures not attached to the main dwelling shall be located on the rear half of the lot, except that detached garages provided in fulfillment of the requirements of section 20.18 (Parking) of this chapter may be located on the front one-half of the lot.

5.

The structure shall not be located on the property so as to block free and clear access to the rear yard.

6.

The use of shipping, storage or sea cargo containers as a permanent accessory structure shall be prohibited.

7.

Small non-habitable accessory structures one hundred twenty square feet or less in area shall not be located in the front yard of a property or within the front setback.

8.

Minimum setbacks and maximum height for small non-habitable accessory structures less than one hundred twenty square feet in area shall be as provided in Table 20.11-4. Minimum setbacks, maximum height, and maximum size for large non-habitable accessory structures greater than one hundred twenty square feet in area shall be as provided in Table 20.11-5. Minimum setbacks, maximum coverage, and maximum height for patio covers and enclosures shall be as provided in Table 20.11.6.

9.

The maximum size of the structure shall be one thousand two hundred square feet, except that the planning commission may approve a larger structure with a special conditional use permit.

TABLE 20.11-4 DEVELOPMENT STANDARDS FOR SMALL NONHABITABLE ACCESSORY STRUCTURES LESS THAN ONE HUNDRED TWENTY SQUARE FEET IN AREA

==> picture [146 x 32] intentionally omitted <==

Single-Family Zoning Districts (RD 1, Multi-family Zoning RD 2, RD 4.5, and RD 8) Districts (RD 12, RD 14 and RD 20)

[1] Accessory structure drainage, including drainage from the roof, must be contained on-site.

TABLE 20.11-5 DEVELOPMENT STANDARDS FOR LARGE NONHABITABLE ACCESSORY STRUCTURES GREATER THAN ONE HUNDRED TWENTY SQUARE FEET IN AREA, EXCLUDING PATIO ENCLOSURES

[1] Detached structures shall be located in the rear one-half of the lot.

[2] A building exceeding fourteen feet in height, measured from finished floor to the highest point of the structure, shall be considered a two-story structure.

[3] A building or structure with a legal nonconforming side yard setback may be added to, extended or enlarged, provided that a side yard setback equal to or greater than the existing side yard setback is provided, and that the setback is consistent with the predominant interior side yard setbacks within the surrounding neighborhood.

[4] Reference 20.17.040.B.2 for driveway length requirements.

TABLE 20.11-6 DEVELOPMENT STANDARDS FOR PATIO COVERS AND PATIO ENCLOSURES

[1] Lattice patio covers and non-solid patio covers (minimum fifty percent open) shall not count towards lot coverage.

[2] Within single-family zoning districts, a minimum ten-foot-wide clear access shall be provided to the rear yard along at least one of the required side yards, excluding the RD 8 zone and single-family small lot residential subdivisions in any zone for which no such requirement exists.

B.

Large structures. Nonhabitable structures greater than one hundred twenty square feet in area shall comply with the following standards:

1.

The size, footprint, height, bulk and scale of the structure shall be compatible with the primary structure and other structures in the surrounding area.

2.

The structure shall match the main dwelling with respect to architectural design and detailing, roof material, exterior color and exterior finish materials, excepting prefabricated metal buildings. Structures visible from a public street shall be required to provide additional architectural detailing.

3.

If, in the opinion of the director, an accessory structure is designed such that conversion to a secondary dwelling could easily occur without benefit of city knowledge or approval, recordation of a covenant or restriction against the title of the property upon which the structure is proposed shall be required. The covenant or restriction shall describe the location, size and use of the accessory structure, state that the

director, an accessory structure is designed such that conversion to a secondary dwelling could easily occur without benefit of city knowledge or approval, recordation of a covenant or restriction against the title of the property upon which the structure is proposed shall be required. The covenant or restriction shall describe the location, size and use of the accessory structure, state that the

accessory structure shall not be converted to a secondary unit without all required city approvals, and shall be recorded prior to the issuance of a building permit for the structure.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, §§ 10—12, 2011; Ord. 2014-013, §§ 10, 11, 2014; Ord. 2016-005, §§ 9, 10, 2016; Ord. 2019-013, § 23, 25, 2019; Ord. 2020-006, §§ 13—16, 2020; Ord. 2021-001, § 11, 2021.)

20.11.050 - Prefabricated metal buildings.

Prefabricated metal buildings are classified as nonhabitable accessory structures and shall comply with the provisions of section 20.11.040, and the following regulations:

A.

Metal buildings in residential zones.

1.

Buildings and structures with a gross floor area of one hundred twenty square feet or less are permitted in all residential zoning districts and shall comply with the following:

a.

The building or structure shall be located out of view of the public street to the greatest extent possible.

b.

The building or structure shall not exceed eight feet in height.

c.

Metal roofing or siding/panels shall have a factory applied color finish.

d.

The color shall be compatible with the main residence.

2.

Buildings and structures with a gross floor area greater than one hundred twenty square feet are administratively permitted in the RD 1 and RD 2 zoning districts and shall comply with the following:

a.

The building or structure shall only be used for the purposes of animal keeping, housing agricultural equipment, or housing a recreational vehicle owned by the property owner.

b.

Metal siding/panels visible from the public street and adjacent properties shall have additional architectural detailing.

c.

A factory applied color finish compatible with the existing main residence shall be provided.

d.

The building or structure shall only be located behind the main residence of the rear one-half of the lot out of view from surrounding public streets to the greatest extent possible.

e.

The building or structure shall maintain all required setbacks, however, a prefabricated metal building may utilize a three-foot setback along the side and/or rear property lines if all Uniform Building Code requirements are met.

f.

A minimum ten-foot wide access drive shall be provided to the structure from the front or corner side yard of the lot.

g.

The building or structure shall be maintained in good condition, with a clean and undamaged appearance at all times.

h.

A maximum of one metal building or structure shall be permitted per lot.

i.

All current Uniform Building and Fire Department Code requirements shall be met.

j.

If the building or structure is used to store a recreational vehicle, it shall be sized proportional to the recreational vehicle it is housing.

(Ord. 2010-05, § 1(exh. A), 2010.)

Chapter 20.12 - TEMPORARY USES AND STRUCTURES

This chapter establishes regulations, approval procedures and standards for temporary uses and recreational vehicles used as living units for a limited duration.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Temporary uses exempt from permits. The following uses are exempt from the requirements of this chapter:

1.

Yard sales. Yard sales in residential zones, or those conducted by a school or bona-fide nonprofit organization, subject to the requirements of Title 5, Chapter 5.40 of the Chino Municipal Code.

2.

Emergency facilities. Public emergency facilities established for the purposes of health and public safety during a declared emergency.

3.

City events and facilities. Activities conducted on public property as approved by the city council.

4.

Temporary construction, on-site. Construction yards located on-site and less than one acre in size established in conjunction with an approved project. The construction yard shall be immediately removed within ten days of completion of the construction project or expiration of the building permit.

5.

Portable toilets. Portable toilets shall only be permitted on a temporary basis pursuant to the requirements of section 20.21.480 of this Code.

B.

Temporary Uses Requiring Permits. The following temporary uses are permitted subject to issuance of an Administrative Approval as provided by Chapter 20.23 of this Code:

1.

Contractor' construction yards, off-site. Construction yards located off-site in conjunction with an approved project for a maximum of twelve months or the expiration of the building permit.

2.

Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business for a maximum of twelve months or the expiration of the building permit.

3.

Temporary storage containers. Storage containers shall be permitted in commercial zones from October 15 through January 15. Such facilities shall not be located in an area that is visible from the public street, within any required parking space, drive aisle, fire lane, or required landscape area.

Temporary structures. A temporary trailer or similar structure used as a classroom or office for a maximum of twelve months.

5.

Temporary real estate office. A temporary real estate office used exclusively for the sale of homes for a maximum of twelve months, or as otherwise permitted by the Director of Community Development.

6.

Temporary parking lot. Unpaved parking areas on the same parcel or contiguous parcel as the principal use for up to two years.

7.

Farmer's market. Farmer's markets for a maximum of three days per week.

8.

Other similar uses. Similar temporary activities determined by the Director of Community Development to be compatible with the applicable zoning district and surrounding uses.

C.

Temporary uses requiring a special conditional use permit.

1.

Temporary buildings and facilities located below the five hundred sixty-six-foot flood inundation line may be approved for an indefinite period of time in conjunction with a permitted or conditionally permitted use in an agricultural zoning district with the approval of a special conditional use permit.

2.

Any other temporary use not listed in subsections (A) or (B) above may be permitted with a special conditional use permit as long as the use is compatible with the applicable zoning district and surrounding uses.

D.

Application. An application for an administrative approval or special conditional use permit for a temporary use shall be submitted with the community development department pursuant to the requirements contained in Chapter 20.23 of this Code. The temporary use shall not be permitted to commence until approval of the required administrative approval or special conditional use permit.

E.

Additional requirements. Temporary uses shall comply with the following additional requirements:

1.

Upon, or prior to, the expiration of temporary use approval, any temporary structure, and all appurtenances thereto, shall be removed from all affected property.

2.

The site shall be cleared of debris, litter and other trash upon expiration of temporary use approval.

3.

To ensure removal of temporary structures, the director may require a project proponent provide a performance security (bond, cash deposit or other method acceptable to the city) to ensure removal of the structure or facility at the end of the approved period. The performance security shall be equal to the estimated legal fees that would be incurred by the city if the structure or facility were not removed at the end of the approved period.

4.

Should the temporary structure or facility not be removed within the approved period, any performance security, if required, shall be forfeited to the city.

F.

Extensions. Extensions of the time period for the temporary use may be permitted by the body granting the original approval.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, §§ 13, 14, 2011; Ord. 2013-003, §§ 15—17, 2013; Ord. 2021-001, § 12, 2021.)

20.12.030 - Temporary recreational vehicle living units.

A.

Purpose. The purpose of these provisions is to provide a procedure by which recreational vehicles may be utilized by senior citizens as an affordable temporary living facility on a short-term basis.

B.

Applicability. A temporary recreational vehicle living unit occupied by a senior citizen shall be permitted on any parcel occupied by a single-family residence, subject to the requirements of this section.

C.

Zoning clearance. The temporary occupancy of a recreational vehicle shall require issuance of a zoning clearance consistent with section 20.23.110.

D.

Duration. A temporary recreational vehicle living unit may be occupied for a continuous ninety-day period. The director of community development may issue a one-time thirty-day time extension, provided all requirements of this section have been met.

E.

Use standards.

1.

Not more than one temporary recreational vehicle living unit may be permitted on any lot or parcel at any one time.

2.

At least one occupant of a temporary recreational vehicle living unit shall be fifty-five years of age or older.

3.

Camper shells, whether mounted on a truck or not, or boats/watercraft of any kind, shall not be used as a temporary recreational vehicle living unit.

4.

Temporary recreational vehicle living units shall only be permitted within a side or rear yard, and shall comply with all setback and building height limitations of the zone in which it is located.

5.

Temporary service connections for water (garden hose) and electricity (extension cord) shall be permitted. Sewer service shall be self-contained within the temporary recreational vehicle living unit. No dumping of sewage on a lot or parcel upon which a temporary recreational vehicle living unit is located is permitted.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, § 15, 2011.)

A.

Purpose. The purpose of these provisions is to provide a procedure by which temporary parking may be utilized for commercial delivery vans on a short-term basis.

B.

Applicability. Temporary commercial delivery van parking shall be permitted citywide, subject to the requirements and findings of this section.

C.

Administrative approval. The temporary parking of commercial delivery vans shall require issuance of an administrative approval consistent with Section 20.23.120 of this Code. To understand the traffic level and potential impacts to roadways and/or intersections, a traffic trip generation study shall be required, and approved by the city's transportation manager.

D.

Duration. Temporary parking of commercial delivery vans shall be allowed for a maximum of twelve months. Applications for time extensions may be granted by the director and shall be submitted to the city at least thirty days prior to expiration.

E.

Use Standards.

1.

No more than seventy-five delivery vans may be parked on the site at any time.

2.

Proposed parking areas shall be temporary in nature and are subject to the provisions in Subsection 20.12.020.E of this Code.

3.

Proposed parking areas shall not be located within three hundred feet of any residentially zoned property, nor within one hundred feet from any public street.

4.

Ingress and egress of delivery vans from parking areas shall be conducted in a safe manner, in accordance with any conditions placed on the administrative approval by the city's transportation manager.

5.

No long-term storage of inoperable vehicles or maintenance of vans shall occur in any temporary parking areas.

6.

The site shall have frontage on primary and/or secondary arterials, as determined by the director of development services.

7.

The site shall have adequate security at all times, as determined by the director of development services.

8.

A deviation from the above use standards may be permitted through approval of a special conditional use permit by the planning commission.

(Ord. 2021-001, § 13, 2021.)

Chapter 20.13 - SMALL LOT RESIDENTIAL SUBDIVISIONS

The purpose of the small lot residential subdivision standards are to:

A.

Provide a unique and high quality development by allowing for deviations from the base zoning standards to achieve variation in the design, orientation, and location of the unit on the lot.

B.

Provide flexibility for infill development by permitting a variety of housing types, such as small lot detached homes, cluster homes, and courtyard homes, as traditional development is often constrained on infill sites by irregular lot shapes and sizes, and existing surrounding development.

C.

Ensure that infill development is compatible with adjacent existing development.

D.

Ensure adequate passive and active common open space and recreational amenities are provided within small lot residential developments.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2014-013, § 12, 2014.)

20.13.020 - Location.

A small lot residential subdivision may be proposed in RD 4.5, RD 8 and RD 12 zoning districts. The city may determine that a proposed small lot residential subdivision is not allowed where public facilities and services are insufficient for the proposed development.

(Ord. 2010-05, § 1(exh. A), 2010.)

Approval of a special conditional use permit and a tentative map for a common interest subdivision are required for a small lot subdivision.

(Ord. 2010-05, § 1(exh. A), 2010.)

A small lot residential subdivision may be developed with only those uses allowed in the zoning district applicable to the site.

(Ord. 2010-05, § 1(exh. A), 2010.)

20.13.050 - Development standards.

A.

Table 20.13-1 (Development Standards for Small Lot Residential Subdivisions - Traditional), Table 20.13-2 (Development Standards for Small Lot Residential Subdivisions - Alley Loaded), and Table 20.13-3 (Development Standards for Cluster and Courtyard Homes) identifies development standards that apply to all lots and structures located in a small lot residential subdivision.

B.

The unit types, architectural design and building orientation shall be varied to achieve an efficient and unique site design.

C.

Setbacks, unit placement and building massing shall be varied and quality architectural design shall be utilized to provide a high quality streetscape.

D.

Alleys not required for fire access shall be a minimum of twenty-four feet wide, with a minimum of three feet of landscape setback between the edge of the pavement and building, fences or walls. Garages with alley access shall have a minimum setback of three feet from the curb. One tree for each unit shall be planted adjacent to the alley.

E.

The driveway length for each unit shall either be less than five feet in length or greater than nineteen feet.

F.

Garages shall be of sufficient size to accommodate the required twenty-foot by twenty-foot clear parking area as well as additional area for trash receptacles, unless another location within the lot/site is designated. The developer shall provide a plan delineating the probable location of all trash receptacles on trash pick-up day to show potential on-street parking conflicts.

G.

In addition to all other requirements of this section, small lot residential subdivisions consisting of five or more dwelling units shall comply with the following:

1.

Decorative elements such as intensified landscaping, garden walls, gazebos and trellis features, and lighting shall be provided to enhance the project.

2.

At primary and secondary site entries, a minimum of fifteen feet of parkway shall be provided on both sides of the roadway. The enhanced parkway shall include a corner treatment consisting of landscaping and identification, i.e., signs, monuments, etc.

All sidewalks within the development shall be separated from the curb by a landscaped parkway. Sidewalks may be installed on only one side of the street at the discretion of the Director of Community Development.

4.

All streets within the development, with the exception of alleys, shall be a minimum of thirty-six feet wide, or the width necessary to accommodate parking on both sides of the street.

5.

A total ratio of three spaces per unit, including both on- and off-street parking, shall be provided. However, parking requirements for individual units shall comply with the appropriate parking standard for off-street parking within this code.

6.

On-street parking shall be distributed throughout the project so that some parking for guests and residents is in close proximity to all units.

7.

A parking plan shall be prepared and be coordinated with the Chino Valley Independent Fire District, United States Postal Service, and the City's Public Works Department for the purpose of establishing that onstreet parking locations do no conflict with mailboxes, fire hydrants, fire lanes, and any other utilities that require vehicular access. The parking plan shall clearly show the following and be subject to the review and approval of the Planning Commission:

a.

The number and location of all off-street parking spaces located in garages, on driveways, and in designated parking lots.

b.

The number and location of all on-street parking spaces.

c.

Locations where parking is prohibited or restricted to guests only.

8.

The approved parking plan and CC&R provisions related to parking, access to parking, and garage use shall be disclosed to each prospective buyer and included in the purchase and sale agreement as a separate and distinct disclosure form. Additional disclosures may be required at the discretion of the Planning Commission.

TABLE 20.13-1 DEVELOPMENT STANDARDS FOR SMALL LOT RESIDENTIAL SUBDIVISIONS - TRADITIONAL

TABLE 20.13-2 DEVELOPMENT STANDARDS FOR SMALL LOT RESIDENTIAL SUBDIVISIONS - ALLEY LOADED

TABLE 20.13-3 DEVELOPMENT STANDARDS FOR CLUSTER AND COURTYARD HOMES

H.

Open Space Requirements.

1.

Active open space containing recreation facilities shall be provided pursuant to Table 20.13-4 (Minimum Requirements for Common Recreation Amenities). For the purpose of this provision, required recreation facilities shall be categorized as follows:

a.

Major Recreation Facilities: A major recreation facility is intended to be a significant recreation node or focal point for residents, and include recreation buildings, swimming or wading pools, splash pads, tennis courts, childcare facilities, and other major amenities requiring significant investment and appropriate to serve project residents, as determined by the City. For projects consisting of seventy or fewer dwellings, two minor recreation facilities may be provided in place of one major recreation facility.

b.

Minor Recreation Facilities: A minor recreation facility is intended to augment the variety and availability of recreation facilities, and include tot lots, spas or saunas, picnic and barbeque areas, basketball courts, volleyball courts, community gardens, and other similar amenities requiring significant investment and appropriate to serve project residents, as determined by the City.

2.

For cluster and courtyard projects, a minimum of twenty percent of the net project area shall be dedicated to improved permanent open space, exclusive of driveways, parking areas, dwellings and non-recreation building areas.

3.

A minimum of three hundred square feet of usable open space, with a minimum dimension of ten feet shall be provided on each unit.

TABLE 20.13-4 MINIMUM REQUIREMENTS FOR COMMON RECREATION AMENITIES

3 One per 50 DUs

Minor Facilities 1 0 1 2 2 3

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, § 16, 2011; Ord. 2014-013, § 13, 2014.)

Chapter 20.14 - RESIDENTIAL DENSITY BONUSES[[2]]

Footnotes:

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Editor's note— Ord. No. 2020-006, § 17, adopted March 17, 2020, repealed Ch. 20.14, §§ 20.14.010— 20.14.130, and enacted a new Ch. 20.14 as set out herein. The former Ch. 20.14 pertained to similar subject matter and derived from Ord 2010-05, § 1(exh. A), 2010; and Ord. 2017-009, §§ 10—24, 2017.