David Babakaiff
Written by David Babakaiff · Co-Founder, VanPlex | 25+ Years BC Construction Last reviewed: October 2026

Chino | Measure M and Overlays

Chino, California Measure M and Housing Overlays: the 1988 Density Cap, 15 Voter Authorizations, the AHO and MUO Overlays and Airport Safety Zones

This page covers three Chino rules that shape where new homes may go. Measure M is a 1988 voter initiative that capped residential densities at their 1988 levels and barred turning nonresidential land into housing land, with exceptions that include sites voters later approved. The Affordable Housing Overlay and the Mixed Use Overlay carry out programs of the City's 2021-2029 housing element: they add apartments at 26 to 30 units an acre on named sites, with a share of affordable homes. And Chino Airport has safety zones where homes are not acceptable. All three are in Title 20 as revised by Ordinance 2026-008, posted as the City's Zoning Ordinance dated August 2026. The Chino overview has the summary.

Measure M and the overlays in six facts

What Measure M Says

Section 20.509.010 says the chapter exists "to establish maximum densities for residential lands in Chino pursuant to Measure M, passed by the voters of the City of Chino on November 8, 1988." In the older Municode copy it is Chapter 20.15; the 2026 code renumbered it Chapter 20.509, with the same four rules in Section 20.509.020:

  • Density cap. "The maximum density of any land designated for a residential use within the city shall not exceed the density for such land established by the Zoning Map and the Zoning Ordinance of the City, or any development agreements in effect on November 8, 1988, excepting senior housing projects." The City Council may lower densities.
  • No conversion. "Any land designated for a nonresidential use within the city shall not be converted to a residential use", except school sites named in the General Plan or a specific plan and development agreements approved before November 8, 1988. The Council may turn residential land to other uses and move land among nonresidential uses.
  • No population limit. "The city has no set maximum population limits." Growth is to be "phased and orderly" with public services.
  • Density per adjusted gross acre. Homes per adjusted gross acre must fall within the range of the land use designation and may not exceed the densities in effect on November 8, 1988.

The 2026 zoning code counts district densities per net acre, while Measure M counts per adjusted gross acre and ties the cap to the 1988 map. A lot can therefore have two limits measured two ways. For a project that adds homes on residential land, ask the Planning Division which density limit it applies and how, before designing to the 2026 table.

The 15 Voter Authorizations

Each later section of Chapter 20.509 records a vote that let the City Council rezone named land despite Measure M. The list shows where Chino voters have already allowed housing on former business land or at higher density.

No. Land Change allowed
1 35 acres between Ramona and Yorba Avenues, north of Chino Avenue Industrial to RD 8
2 Ninth Street, Seventh Street and blocks south of Riverside Drive CG to RD 4.5, RD 8 and RD 20
3 11 acres between Philadelphia Street and Francis Avenue Commercial to RD 20
4 1/2 acre at Riverside Drive and Magnolia Avenue AP office to RD 20
5 707 acres south of Edison Avenue between Euclid and Central (College Park) Institutional to residential, up to 2,500 homes
6 1.37 acres south of Philadelphia Street, west of Ramona Avenue 4.5 to 12 homes per acre (RD 12)
7 9.05 acres at 11385 to 11435 Central Avenue CG to RD 20
8 5.6 acres at Schaefer and Roswell Avenues Business park to RD 20
9 22 acres north of Walnut Avenue, east of Central Avenue CG to RD 8 and RD 20
10 11.79 acres south of Riverside Drive, east of Fern Avenue Commercial and office to RD 8
11 11.6 acres south of Schaefer Avenue between Fern and Euclid General Commercial to RD 12
12 9.2 acres on the east side of Central Avenue north of Francis General Commercial to RD 12 and RD 2
13 38.5 acres north of Eucalyptus Avenue RD 2 to RD 4.5; business park to RD 8 and RD 12
14 12.75 acres on the west side of Central Avenue north of Francis General Commercial to RD 12
15 Housing element sites for the AHO and MUO overlays Overlays for affordable and mixed use housing

Source: Chino Zoning Ordinance Sections 20.509.030 to 20.509.170. No. 13 covers 18.1, 12.7 and 7.7 acres; 38.5 acres is VanPlex arithmetic.

Authorizations No. 10 to No. 14 add a cost rule: "the developer and owner shall pay the full cost of the regular election" or special election at which voters were asked to approve the change. Authorization No. 15 is different. It sets aside both Measure M limits for "Programs 3B and 3C of the 2021-2029 Housing Element Update", which apply "the two identified overlay strategies encompassing affordable housing and mixed-uses to meet its Regional Housing Needs Assessment (RHNA) allocation." RHNA is the number of homes the state assigns each city to plan for. The covered land is shown on "the Sites Inventory Map on file with the City of Chino Development Services Department", so ask for that map to see which parcels carry the overlays.

The mixed use districts also refer to Measure M. Section 20.202.020 allows multifamily housing in the Regional Mixed Use and Boulevard Mixed Use districts "where allowed by a Measure M vote or pre-existing zoning", and Section 20.202.040 caps such housing at 20 units per net acre.

The AHO and MUO Overlays

Section 20.306.010 says the overlays "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 30 dwelling units per acre." The AHO "is intended for stand-alone affordable housing projects, while the MUO provides for mixed use development with affordable housing either on upper floors or in separate buildings." The overlay rules apply only when a housing project is proposed; a project with no homes follows the base district. Both overlays add ADUs, multiple-family dwellings and senior housing as uses permitted by right.

Rental projects have a base density of 26 units per adjusted gross acre and a minimum of 26 units per net acre. For-sale projects may reach 30 units per adjusted gross acre if at least three percent of the units are sold to moderate-income households at an affordable price, with a minimum of 26. Rental projects can rise to 30 by adding low-income units:

Rental density allowed Low-income units required
26 units per adjusted gross acre 9 percent low-income units
27 10 percent
28 11 percent
29 12 percent
30 (maximum) 13 percent

Source: Chino Zoning Ordinance Section 20.306.040 and Table 20.306-2. Section 20.306.040(B) adds that projects may also qualify for the state density bonus.

Projects of 10 or more homes must meet the minimum in Section 20.306.050: "Rental projects: nine percent of the total units affordable to low-income households at an affordable rent", and for-sale projects three percent for moderate-income households. Fractions round up. Affordable units must match the market units in bedroom mix and finishes, be spread through the project and be ready no later than the market units. Income limits are those HCD sets each year for San Bernardino County.

Standard AHO, Table 20.306-3 MUO, Table 20.306-4
Minimum lot area and width 10,000 sq ft; 100 ft 10,000 sq ft; 100 ft
Lot coverage, maximum 65 percent 80 percent
Height, residential 40 ft; 45 ft with 100 ft of primary street frontage 40 ft; 45 ft with 100 ft of street frontage
Height, ground floor commercial Not applicable 45 ft; 50 ft with 100 ft of street frontage
Interior setback 10 ft; 15 ft next to a residential or industrial district 5 ft; 15 ft next to a residential district
Street side setback 10 ft; 15 ft if the ground floor is residential 10 ft; 15 ft if the ground floor is residential
Landscape coverage, minimum 15 percent 15 percent
Building separation 15 ft 15 ft, residential parts only

Source: Chino Zoning Ordinance Tables 20.306-3 and 20.306-4.

Overlay projects keep 20 percent of the net lot area as open space and at least 250 square feet per unit, 65 percent of it common. Private open space is 50 square feet for a studio or one-bedroom unit and 100 square feet for two or more bedrooms. Projects at 26 or more units per acre may provide a gym, a yoga room, courts, a play area, a picnic area or a daycare room instead of the major and minor facilities of the regular apartment rules: two of these for 10 to 50 units, three for 51 to 100 and four above 100. In the MUO, active ground floor uses must fill at least 60 percent of the street-facing frontage.

Fees, Agreements and Review in the Overlays

  • In-lieu fee. A project of up to 20 units "may, by right, pay a fee in lieu of providing affordable units on site." Above 20 units, a fee is allowed only if the Planning Commission finds "extreme financial hardship." Half is paid before the building permit and the rest before occupancy, at the rate in a City Council resolution. VanPlex did not find the fee amount in the fee schedules it read.
  • Land or off-site units. A developer may ask the City Council to accept land within one mile for the affordable units, or partner with an affordable housing developer to build them off site; either way at least 20 percent of the units must be "rental units affordable to very low-income residents."
  • Agreement. Before the building permit, the owner signs an agreement keeping rental units affordable "for a period of not less than 75 years or as long as the property is in residential use, whichever is greater", and for-sale units 45 years, recorded with the San Bernardino County Assessor-Recorder-Clerk.
  • Review. All residential or mixed use projects with homes in an overlay need a Site Approval from the Planning Commission, which checks only the objective design standards. A rental project above 26 units per adjusted gross acre first files a preliminary review with an affordable housing plan.
  • Fund. Fees go to the Overlay District Affordable Housing Fund, separate from The Preserve affordable housing in-lieu fee of Chapter 3.46.

The overlay chapter has a few drafting errors. Section 20.306.080 points to "Table 20.307-7" for the MUO standards, while the table is numbered 20.306-4. Table 20.306-4 sends non-residential parking to "Chapter 20.510", the nonconforming uses chapter, while parking is Chapter 20.511. And the AHO table, Table 20.306-3, cites a note 6 for street curb cuts while its notes end at note 5. Ask the Planning Division which text it applies.

Chino Airport Safety Zones

The Airport Overlay District in Chapter 20.303 applies the Airport Comprehensive Land Use Plan for Chino Airport. Table 20.303-1 rates each land use in three Aviation Safety Zones. Residential use is "Clearly Unacceptable" in Zones I and II and "Normally Acceptable" in Zone III, where "Normally Acceptable" means restricted development after detailed analysis and mitigation. The table also limits gross density to 0.5 persons per acre in Zone I and 25 in Zone II, with no limit in Zone III. Every new development project within a 10,000-foot radius of Chino Airport (Safety Zones I, II and III) must record an avigation easement, a deed note warning that the property "may be subject to overflight noise, vibration, and dust from aircraft." Ask the Planning Division whether a lot is inside a safety zone before planning homes there.

Measure M and State Housing Law

State law limits new local caps on housing. Government Code 66300 bars an "affected city", including through "the electorate of an affected county or city exercising its local initiative or referendum power", from enacting rules that lower allowed intensity below the levels of January 1, 2018 or cap the number of homes, with listed exceptions. Measure M dates from 1988. The Chino code itself already lets the housing element overlays exceed Measure M through Authorization No. 15. How Measure M interacts with SB 9, SB 684 or the state density bonus on a particular lot is a legal question that this guide does not answer. Ask the Planning Division, and get the City's position in writing.

Best For

  • ✓ Sites on the housing element overlay map, where rental apartments reach 26 to 30 units per acre with 9 to 13 percent low-income units.
  • ✓ Small overlay projects of up to 20 units, which may pay an in-lieu fee by right instead of building affordable units.
  • ✓ Land covered by one of the 15 voter authorizations, where homes are already approved in principle.

Usually Fails When

  • ✕ A plan assumes commercial or business park land can be rezoned for homes without a Measure M vote.
  • ✕ A project is drawn for land in Aviation Safety Zone I or II near Chino Airport.
  • ✕ A large overlay project counts on paying a fee instead of building the affordable units.

What To Verify Before Spending Money

  • → Whether the parcel is on the Sites Inventory Map that carries the AHO or MUO overlay.
  • → Which density limit the City applies where Measure M and the 2026 tables differ.
  • → The current in-lieu fee amount, set by City Council resolution.

Where to Go Next

Related on VanPlex: the Chino overview, the California impact fees page and the California SB 79 page.

Frequently Asked Questions

What is Measure M in Chino, California? +
Measure M is a general plan initiative Chino voters passed on November 8, 1988, now printed as Chapter 20.509 of the zoning code. It caps the density of residential land at the zoning and development agreements in effect that day, except senior housing, and bars converting nonresidential land to residential use. The City Council may still lower densities and change land among nonresidential uses.
Can Chino rezone commercial land for housing? +
Only within limits. Chino Section 20.509.020(B) says land designated for a nonresidential use "shall not be converted to a residential use", except school sites in the General Plan or a specific plan and development agreements approved before November 8, 1988. Sites named in the 15 voter authorizations of Chapter 20.509, and the housing element overlay sites of Authorization No. 15, may be rezoned.
Who pays for a Measure M election in Chino? +
In Chino the developer and owner have paid. Voter Authorizations No. 10 to No. 14 in Chapter 20.509 each say that as a condition of rezoning, "the developer and owner shall pay the full cost" of the election and any cost of carrying out the owner's proposal. Those five authorizations cover sites of 9.2 to 38.5 acres described in Ordinances 2013-005 to 2014-018.
What is the Chino Affordable Housing Overlay? +
The Chino Affordable Housing Overlay (AHO) is a district in Chapter 20.306 that allows multiple-family dwellings on sites named in the General Plan where they would not otherwise be allowed, at 26 to 30 units per adjusted gross acre. The AHO is meant for stand-alone affordable housing; its sister district, the Mixed Use Overlay (MUO), allows housing with shops or offices.
How many affordable units does a Chino overlay project need? +
A Chino AHO or MUO project of 10 or more homes needs 9 percent of rental units affordable to low-income households at an affordable rent, or 3 percent of for-sale units sold to moderate-income households, under Section 20.306.050. Fractions round up. Rental projects can reach 30 units per acre by raising the low-income share to 13 percent, under Table 20.306-2.
Can I pay a fee instead of building affordable units in a Chino overlay? +
Yes, for small projects. Chino Section 20.306.100 lets a project of up to 20 units pay a fee in lieu of affordable units by right. Larger projects may pay only if the Planning Commission finds on-site units would cause "extreme financial hardship". Half the fee is due before the building permit and the rest before occupancy, at the rate set by City Council resolution.
How long must Chino overlay affordable units stay affordable? +
Chino Section 20.306.120 requires a recorded agreement keeping overlay rental units affordable for at least 75 years or as long as the property is in residential use, whichever is greater, and for-sale units for 45 years. The agreement is signed before the building permit and binds later owners. Moderate-income buyers may resell at market value and repay part of the gain.
What approval does a Chino overlay housing project need? +
Every Chino AHO or MUO project with homes needs a Site Approval from the Planning Commission under Section 20.306.110, limited to checking the objective design standards. A rental project asking for more than 26 units per adjusted gross acre must first file a preliminary review. The Commission also finds that the added density has no specific adverse impact on public health and safety.
Can I build homes near Chino Airport? +
Not in the inner zones. Chino Table 20.303-1 marks residential use "Clearly Unacceptable" in Aviation Safety Zones I and II of the airport land use plan and "Normally Acceptable" in Zone III. New projects within a 10,000-foot radius of Chino Airport, Safety Zones I to III, must record an avigation easement that warns of aircraft noise, vibration and dust.
Does state law override Measure M in Chino? +
Chino's own code gives part of the answer: Authorization No. 15 of Chapter 20.509 lets the housing element overlays exceed Measure M density limits, and Section 20.306.040 points overlay projects to the state density bonus. Whether a state law such as SB 9 or SB 684 applies above a Measure M cap on a given lot is a legal question; ask the City Attorney's office through the Planning Division.

Official sources (checked October 2026)

General information, not legal advice. California housing law changes every year, and each city adds its own rules on top of state law. Confirm current requirements with the city or county planning department, and with a California-licensed attorney or architect, before you buy land or file plans.

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