Council reverses Planning Commission denial for Warmington subdivision but denies two density-bonus waivers

Jurupa Valley’s City Council on Jan. 16 rescinded a Planning Commission denial of a Warmington Residential application for a 67‑lot subdivision at 7586 Jurupa/Haruba Road and approved the project with limits — denying requested waivers for making all units two‑story and for certain landscape concessions.

Lede: The council voted 3–2 after a long public hearing and legal discussion about California’s density‑bonus law; the motion approved the subdivision but directed staff to deny waivers that would have allowed every house to be two stories and to relax landscape requirements.

Nut graf: The developer had sought a density bonus and many waivers under state law. City staff presented the project and an addendum to a prior mitigated negative declaration; the Planning Commission had denied the application on safety and design grounds. The developer’s attorney argued state density‑bonus protections limit local discretion to deny requested waivers. The council split, approving the development but refusing two specific waiver categories.

Project and legal context: The proposed 6.92‑acre subdivision would create 67 single‑family lots, add three common open spaces and rely on a 20% density bonus tied to providing three very‑low‑income units on site. Warmington sought one concession (partial streetscape relief on Camino Real) and 34 waivers of local development standards, including a request to allow all units to be two‑story — substantially more than the city’s usual maximum of 25% two‑story units under the zoning/traditional neighborhood standards.

Argument and public comment: The developer’s land‑use counsel said state law (Government Code section 65915) limits the city’s ability to deny density‑bonus waivers absent a documented, objective public‑health or safety finding; the state housing department (HCD) had issued advice during the review. Dozens of residents — including neighbors, school representatives and long‑time residents — urged denial, focusing primarily on traffic and safety concerns along Camino Real, where school drop‑off already chokes the corridor to one lane each way.

Council decision: After deliberation the council voted 3–2 to rescind the Planning Commission denial and approve the project but to deny the waivers relating to 100% two‑story units and certain landscape waivers (motion passed by roll call: Armando Carmona, Veronica Sanchez and Guillermo Silva voted yes; Mayor Pro Tem Chris Barajas and Mayor Brian Bergson voted no). Council directed staff to prepare the resolution and related documents to implement that outcome.

What the ruling means: The project is approved to move forward with the density bonus and many of its requested adjustments, but it must comply with the city’s limits on two‑story units (as applied by staff with the council’s direction) and with the city’s landscape standards that were not waived. The developer retains other waivers granted under the density bonus.

Ending: Staff will return with the implementing resolution and conditions; the decision may be the subject of future legal or administrative challenge given the parties’ differing readings of state density‑bonus law.