The purpose of the Housing Priority Zoning District is to implement the goals and policies of the General Plan Housing Element by facilitating development of housing at appropriate densities to accommodate extremely low-, very low-, low-, and moderate-income households consistent with Government Code Section 65583.

The Housing Priority Zoning Districts designate certain sites as suitable for very high density and medium density residential development as described in this Chapter and the Housing Element.

(Ord. No. 418, § 9(Exh. F), 6-24-2025)

"Allocated units," for the purposes of this chapter, means the number of units designated by the General Plan Housing Element and Land Use Element to a Housing Priority Zoning District site.

"City Manager" as defined in Chapter 2.08 City Manager.

"Determined to be complete" means that the applicant has submitted a complete application, and it has been determined to be complete pursuant to subsection (C) of Section 16.58.020 of this Code.

"Director" means the Community Development Director for the City of Chino Hills or designee.

"Discretionary permit" means a permit which requires the exercise of judgment or deliberation during the decision-making process, as distinguished from situations where the decision-making is limited to a determination of conformity with applicable statues, ordinances, or regulations. Discretionary permits are based on qualitative standards and require judgment or deliberation by decision makers, such as the Planning Commission or City Council.

"Non-discretionary permit" means a permit that involves little or no personal judgment by a decision maker as to the wisdom or manner of carrying out the project. The decision maker merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A non-discretionary permit involves only the application of objective, quantifiable, written development standards, measurements, conditions, and policies, and the decision maker cannot use personal, subjective judgment in deciding whether or how the project should be carried out.

"Substantially remodeled" means modifications to any building(s) or structure(s), which modification's valuation is more than fifty (50) percent of the existing valuation of the buildings at the time of application submittal.

(Ord. No. 418, § 9(Exh. F), 6-24-2025)

The following Housing Priority Zoning Districts are established in Chino Hills:

1.

Medium Density Housing (MDH). The MDH zone permits Medium Density housing consistent with this Chapter.

2.

Urban High Density Housing (UHDH). The UHDH zone permits Urban High Density housing consistent with this Chapter.

3.

Very High Density Housing (VHDH). The VHDH zone permits Very High Density housing consistent with this Chapter.

4.

Mixed Use Housing (MUH). The MUH zone permits Very High Density housing mixed with commercial uses, consistent with this Chapter.

(Ord. No. 418, § 9(Exh. F), 6-24-2025)

A.

Medium Density Housing (MDH) Zone.

1.

Applicability: The MDH zone is established to facilitate development of the Housing Element designated "moderate income" sites.

2.

Permitted Uses: Permissible uses in the MDH zone are the same as those indicated in Chino Hills Municipal Code (CHMC) Appendix A for the RM-1 zone.

3.

Standards: All development in the MDH zone are subject to the following development standards:

a.

Residential Density: Minimum residential density shall be built at no less than nine (9) dwelling units per acre (du/ac) and a maximum of twelve and one-half (12.5) du/ac.

b.

Development Standards: Development standards for the MDH zone are indicated in Table 1.

Table 1: Medium Density Housing (MDH) Zone—Development Standards

B.

Urban High Density Housing (UHDH) Zone.

1.

Applicability: The UHDH zone is established to facilitate development of the Housing Element designated "lower income" sites.

2.

Permitted Uses: Permissible uses in the UHDH zone are the same as those indicated in CHMC Appendix A for the RM-2 and RM-3 zones.

3.

Standards: All development in the UHDH zone are subject to the following development standards:

a.

Residential Density: Residential density in the UHDH zone shall be built at a minimum of thirty (30) du/ac, with a maximum of ninety-three (93) du/ac.

b.

Development Standards: Development standards for the UHDH zone are indicated in Table 2.

Table 2: Urban High Density Residential (UHDH) Zone—Development Standards

C.

Very High Density Housing (VHDH) Zone.

1.

Applicability: The VHDH zone is established to facilitate development of the Housing Element designated "lower income" sites.

2.

Permitted Uses: Permissible uses in the VHDH zone are the same as those indicated in CHMC Appendix A for the RM-2 and RM-3 zones.

3.

Standards: All development in the VHDH zone shall be subject to the following development standards:

a.

Residential Density: The permitted residential density in the VHDH zone shall be a maximum of thirty (30) du/ac, and all residential developments in the VHDH zone shall be built at no less than twenty (20) du/ac.

b.

Development Standards: Development standards for the VHDH zone are indicated in Table 3.

Table 3: Very High Density Housing (VHDH)—Development Standards

D.

Mixed Use Housing (MUH) Zone.

1.

Applicability: The Mixed Use Housing zone is established to facilitate development of the Housing Element designated "lower income" sites within commercial centers.

2.

Permitted Uses: Permissible residential uses in the MUH zone are the same as those indicated in Chino Hills Municipal Code (CHMC) Appendix A for the MU zone.

3.

Standards: All projects in the MUH zone shall be subject to the following development standards:

a.

Residential Density: Residential densities permitted in the MUH zone range from thirty (30) du/ac to a maximum of forty-seven (47) du/ac. All residential development in the MUH zone must be built at a density of no less than twenty (20) du/ac.

b.

Residential Development Standards: Development standards for residential uses in the MUH zone are indicated in Table 4.

Table 4: Mixed Use Housing (MUH) Zone—Residential Development Standards

c.

Commercial Development Standards: Development standards for commercial uses in the MUH district are indicated in Table 5.

Table 5: Mixed Use Housing (MUH)—Commercial Development Standards

(Ord. No. 418, § 9(Exh. F), 6-24-2025)

A.

A Site Plan approval is required for all projects in a Housing Priority Zoning District involving the construction of new or substantially remodeled buildings. A Site Plan approval is a Discretionary Permit and is subject to review and approval of the Planning Commission, pursuant to the provisions of CHMC Chapter 16.76.

B.

Notwithstanding subsection (A) of this section, projects in a Housing Priority Zoning District involving the construction of new or substantially remodeled buildings, where at least two-thirds (⅔) of the square footage of the overall development is designated for residential use, and where at least twenty (20) percent of the residential units will be affordable to lower income households subject to Government Code Section 65583.2, are subject to a Housing Plan Approval. A Housing Plan Approval is a Non-Discretionary Permit and is subject to the review and approval of the City Manager as set forth in this chapter.

C.

For all projects within a Housing Priority Zoning District, an application is required pursuant to the provisions of Section 16.58.020 of this Development Code. Once a Site Plan application or Housing Plan application is determined to be complete, the Director or designee shall review the application for conformance with the provisions of this Development Code and applicable General Plan provisions.

(Ord. No. 418, § 9(Exh. F), 6-24-2025)

A.

Applications for a Housing Plan Approval shall be submitted in the form and content as specified by the City of Chino Hills Community Development Department. Where applicable, the Housing Plan Approval application shall be accompanied by a required subdivision map as determined by the Director. Approval of any related subdivision map shall be subject to the requirements of Appendix D of this Development Code and the Subdivision Map Act.

B.

Each Housing Plan Approval application shall set forth in text, maps, and diagrams the following, unless determined by the Director to be unnecessary for a particular project:

1.

An existing setting description which includes:

a.

A topographic and surveyed map of the site in its existing condition,

b.

A list of all public and utility service providers, as well as a diagram of all public utilities and facilities on or adjacent to the site,

c.

The sizes and capacity of all existing public and/or private utilities on or adjacent to the site, including the sizes and dimensions of all public and/or private streets that provide access to the site, and

d.

A diagram illustrating the existing land use of adjacent properties within a 600-foot radius of the site;

2.

The appropriate studies, prepared by a professional engineer or other qualified individual, that show the level of public services and facilities required to serve the proposed development; and the sufficiency of, or required improvements to, public services and facilities necessary to adequately serve the proposed development;

3.

Proposed access and circulation, including parking areas, loading areas, and pedestrian walkways. The Housing Plan Approval application shall also detail any improvements to adjacent or off-site roadways required to serve the proposed development;

4.

Significant natural features and areas to be retained for common open space, and provisions for preserving, maintaining, and using those areas;

5.

Known manmade and natural hazards and the methods for mitigating the hazards;

6.

Proposed grading, site development/improvements, and landscaping;

7.

Plans showing all proposed structures, including the following:

a.

Footprints of all proposed buildings,

b.

Elevations for all sides of all buildings,

c.

Floor plans for all unit types,

d.

Materials and colors to be used on the exteriors of all proposed buildings, including color and material boards for buildings, and

e.

Colored rendering from each adjacent street or common area visible to the public;

8.

Compliance with Objective Design Standards pursuant to CHMC Appendix F.

9.

Additional information listed in the Housing Plan Approval Application checklist, if any, issued by the Director and posted on the City's website.

C.

Once an application for a Housing Plan Approval has been determined to be complete, the Director shall cause all application materials to be posted to the City's website and made available for public review.

D.

The City shall review the application to approve, conditionally approve, or deny the project. The City, in acting to approve a Housing Plan Approval in a Housing Priority Zoning District, may impose conditions as are reasonably necessary to ensure the project is consistent with all applicable objective provisions of the Development Code and objective written policies, administrative regulations, procedures, standards and requirements approved by City Council, to avoid adverse impacts to the public health or safety, and to implement any previously-identified mitigation measures that are applicable to the project. The decision-maker shall approve the Housing Plan application if the following findings can be met:

1.

The proposed development complies with all applicable, objective provisions of the General Plan;

2.

The proposed development complies with all applicable development standards of the Housing Priority Zoning Districts;

3.

The proposed development complies with the Objective Design Standards pursuant to Appendix F;

4.

The proposed development complies with all applicable, objective provisions of the CHMC;

5.

The proposed development complies with all applicable, objective written policies, administrative regulations, procedures, standards and requirements adopted by the City Council; and

6.

The proposed project complies with all applicable previously-identified mitigation measures in any environmental approval adopted under the California Environmental Quality Act for any applicable General Plan, Specific Plan or Planned Unit Development.

E.

If a project that is the subject of a Housing Plan application otherwise meets the criteria set forth in subparagraph (D), the City may nevertheless disapprove the project or impose a condition that the project be developed at a lower density if the decision-maker makes written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:

1.

That the project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. For purposes of this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

2.

There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified, other than the disapproval of the project or the approval of the project upon the condition that it be developed at a lower density.

F.

Within fifteen (15) days of determining that an application for a housing development project with one hundred fifty (150) or fewer housing units is complete, or within thirty (30) days of determining that a housing development project containing more than one hundred fifty (150) units is complete, the Director shall issue a Preliminary Decision and provide notice of same. Said Notice will include a brief description of the project; the Director's determination on the merits of the application made pursuant to this Section (i.e., whether the project will be approved, approved with conditions, or denied); and the date range during which any interested members of the public and the applicant may submit written comments for the City Manager's consideration prior to the issuance of a Final Decision. In addition, the Preliminary Decision shall include instructions on how to view the application materials on the City's website, which instructions may be in the form of a URL. If the Director's Preliminary Decision is to approve the project with conditions, the conditions of approval shall be fully set forth therein.

G.

Upon issuance of the Preliminary Decision, a complete draft of the Preliminary Decision shall be posted to the City's website for viewing by any interested member of the public.

H.

Notice of the Preliminary Decision shall be provided in accordance with the requirements of Section 16.58.040 of this Code.

I.

For a housing development project with one hundred fifty (150) or fewer housing units, any member of the public may submit written comments or correspondence to the City Manager within fifteen (15) days after notice of the Preliminary Decision is given pursuant to Section 16.58.040. Comments received from the public on such projects after the fifteenth (15th) day will not be considered; the applicant may submit written comments, including comments in response to public comments, within twenty (20) days after notice of the Preliminary Decision is given. Alternatively, for a housing development project with more than one hundred fifty (150) housing units, any member of the public may submit written comments or correspondence to the City Manager within thirty (30) days after notice of the Preliminary Decision is given pursuant to Section 16.58.040. Comments received from the public on such projects after the thirtieth (30th) day will not be considered; the applicant may submit written comments, including comments in response to public comments, within forty (40) days after notice of the Preliminary Decision is given.

J.

For a housing development project containing one hundred fifty (150) or fewer housing units, the City Manager shall issue a written Final Decision on a Housing Plan application within fifteen (15) days after notice of the Preliminary Decision is given. Alternatively, for a housing development project containing more than one hundred fifty (150) housing units, the City Manager shall issue a written Final Decision on a Housing Plan application within thirty (30) days after notice of the Preliminary Decision is given. The City Manager may add or modify conditions of approval on the Final Decision. Additionally, the City Manager may change a decision to approve, approve with conditions, or deny a Housing Plan Approval between the Preliminary Decision and Final Decision. Prior to issuing the Final Decision, the City Manager shall obtain the City Attorney's approval as to form.

K.

The Final Decision issued by the City Manager shall be the final administrative decision of the City. Notwithstanding Section 1.02.010 and any other provision in this code, there is no right to appeal this decision administratively. An aggrieved party may seek judicial review.

L.

Any Housing Plan Approval within a Housing Priority Zoning District that is not used within the time specified in the grant of approval or, if no time is specified, within three (3) years of the effective date of such approval, expires at the end of that period. The Director may, for a Housing Plan Approval, extend such approval for a period of time not to exceed two (2) years, provided an application requesting the extension is filed prior to the original expiration date. For purposes of this section "used" means the commencement of construction activity or any development activity authorized by the Housing Plan Approval.

M.

The expiration date of a Housing Plan Approval that is approved concurrently (as part of the same project) with a Tentative Tract Map or Tentative Parcel Map shall be tied to the expiration date of the subject Tentative Tract Map or Tentative Parcel Map as set forth in Subsection 16.58.050(G).

N.

An approved Housing Plan Approval, which is valid and in effect pursuant to the provisions of this Development Code, shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.

O.

Policies, administrative regulations, procedures, standards and requirements adopted by City Council that are applicable to Housing Plans shall be posted upon the City's website.

(Ord. No. 418, § 9(Exh. F), 6-24-2025)