Ord 805 ORDINANCE NO. 805
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTERS 17.04, 17.08, AND 17.26 OF
TITLE 17 OF THE POWAY MUNICIPAL CODE ADDING
HOUSING DEFINITIONS AND DEVELOPMENT
STANDARDS FOR HOMELESS SHELTER FACILITIES
THAT WOULD BE PERMITTED IN THE RESIDENTIAL
APARTMENT (RA) ZONE DISTRICT
(ZONING ORDINANCE AMENDMENT 16-003)
WHEREAS, in 2007, the California State Senate adopted SB 2 that added new
regulations to the State's Housing Law that obligate each jurisdiction in the state to
clearly define and identify as permitted uses, emergency shelters, homeless shelters,
transitional and supportive housing, and agricultural worker housing;
WHEREAS, the new legislation specifically requires jurisdictions to identify at
least one land use zone where homeless shelters are permitted by right, without
discretionary review;
WHEREAS, in 2013, the City Council approved an update to the Housing
Element of the General Plan, which was certified by the State of California Department
of Housing and Community Development ("HCD") to comply with State Law on the
condition that the City would implement program objectives identified in Chapter 6 of
the Housing Element; and
WHEREAS, on February 7, 2017, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, implementation of
program objectives identified in Chapter 6 of the Housing Element through an amendment
to Title 17 of the Poway Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: This Ordinance is exempt from the provisions of the California
Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA
Guidelines because the adding of certain housing definitions and inclusion of homeless
shelter and as a permitted use pursuant to objective development and operational
standards within the Residential Apartment Zone District has no possibility that it will
result in a significant effect on the environment.
SECTION 2: Section 17.04.736 is hereby repealed. Sections 17.04.093,
17.04.673, 17.04.736, 17.04.740 and 17.04.744 are hereby added to Chapter 17.04 to
Title 17 of the Poway Municipal Code, to read as follows:
17.04.093 Agricultural Worker Housing
"Agricultural Worker Housing" means any portion of any house or housing
accommodation that is maintained in connection with any agricultural work or place where
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agricultural work is being performed, whether rent is involved or not, and shall be deemed
a residential use if it exists in structures that are single-family houses or apartment
houses.
17.04.673 Single Room Occupancy, SRO
"Single room occupancy," or "SRO", mean a residential facility where individual secure
rooms are intended or designed to be used, or which are used, rented or hired out, to be
occupied by a one- or two-person household for sleeping purposes. Rooms generally
include a sink, closet and toilet, with shower and kitchen facilities typically shared. SRO
units may be rented on a weekly or monthly basis.
17.04.736 Supportive Housing
"Supportive housing" means housing occupied by a specified target population defined in
section 50675.14 of the California Health and Safety Code that has no limit on length of
stay, and that is linked to onsite or offsite services that assist the resident in retaining the
housing, improving his or her health status, maximizing his or her ability to live, and —
when possible —work in the community. Supportive housing with up to six (6) tenants is
a residential use subject to the same regulations and procedures that apply to other
residential uses of the same type in the same zone.
17.04.740 Temporary outdoor sales
"Temporary outdoor sales" means outdoor sales events or promotions of a limited
duration or frequency. Such events include, but are not limited to, parking lot sales, tent
sales and seasonal promotional events. These events are subject to the temporary use
permit requirements of PMC section 17.26.030(E).
17.04.744 Transitional Housing
"Transitional housing" is defined as rental housing operated under program requirements
that terminate assistance to residents and recirculate the assisted unit to another eligible
program recipient at some predetermined future point in time, which is not less than six
months from the initial occupancy date of the recipient. Transitional housing with up to
six (6) tenants is a residential use subject to the same regulations and procedures that
apply to other residential uses of the same type in the same zone.
SECTION 3: Article VII, consisting of sections 17.26.780 through 17.26.830 is
added to Chapter 17.26 of Title 17 of the Poway Municipal Code to read as follows:
Article VII Homeless Shelters
17.26.780 Purpose.
It is the goal of the City to provide adequate and appropriate housing opportunities for the
needs of, and affordable to, all residents. The purpose of this article is to implement the
Housing Element of the General Plan and implement section 65583 of the California
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Government Code, which requires the City to provide the ability to accommodate at least
one year-round shelter for the unsheltered homeless population of Poway.
17.26.790 Definitions
"Homeless Shelter" means residential units managed by an agency whose primary
purpose is to provide temporary shelter and social services for families and/or individuals
who are homeless or have been involuntarily displaced from their previous residence.
"Homeless" means any of the following:
A. An individual or family who lacks a fixed, regular and adequate nighttime
residence, meaning:
1. An individual or family with a primary nighttime residence that is a public or
private place not designed for, nor ordinarily used as, a regular sleeping
accommodation for human beings, including a car, park, abandoned
building, bus or train station, airport, or camping ground;
2. An individual or family living in a supervised publicly or privately operated
shelter designated to provide temporary living arrangements including
congregate shelters, transitional housing, and hotels and motels paid for by
charitable organizations or by federal, state or local government programs
for low-income individuals; or
3. An individual who is exiting an institution where he or she resided for 90
days or less and who resided in an emergency shelter or in a place not
meant for human habitation immediately before entering that institution.
B. An individual or family in imminent danger of losing their primary nighttime
residence provided that:
1. The primary nighttime residence will be lost within 14 days of the date of
application for homeless assistance;
2. No subsequent residence has been identified; and
3. The individual or family lacks the resources or support networks (e.g.,
family, friends, faith-based or other social networks) needed to obtain other
permanent housing.
C. Unaccompanied youth under 25 years of age, or families with children and youth,
who do not otherwise qualify as homeless under this definition, but who:
1. Are defined as homeless under any State or Federal Act, Statute or
regulation;
2. Have not had a lease, ownership interest, or occupancy agreement in
permanent housing at any time during the 60 days immediately preceding
the date of the application for homeless assistance;
3. Have experienced persistent instability as measured by two moves or more
during the 60-day period immediately preceding the date of applying for
homeless assistance; and
4. Can be expected to continue in such status for an extended period of time
because of chronic disabilities, chronic physical health or mental health
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conditions, substance addiction, histories of domestic violence, childhood
abuse (including neglect), the presence of a child or youth with a disability,
or two or more barriers to employment, which include the lack of a high
school degree or General Education Development ("GED"), illiteracy, low
English proficiency, a history of incarceration, or detention for criminal
activity, and a history of unstable employment; or
D. Any individual or family who:
1. Is fleeing, or is attempting to flee domestic violence, dating violence, sexual
assault, stalking, or other dangerous or life threatening conditions that relate
to violence against the individual or a family member, including a child,
which has either taken place within the individual's or family's primary
nighttime residence or has made the individual or family afraid to return to
their primary nighttime residence;
2. Has no other residence; and
3. Lacks the resources or support networks (e.g., family friends, faith-based or
other social networks) to obtain other permanent housing.
17.26.800 Applicability
A. Homeless shelters shall only be considered in the Residential Apartment (RA)
zone.
B. A homeless shelter may be granted in compliance with this article without the need
for approval of a discretionary permit by the City.
C. Nothing in this article shall be interpreted to require the City to waive or reduce
development or building fees associated with the granting of approval of a
homeless shelter.
17.26.810 Permitted Uses
Permitted land uses include those listed in the land use matrix in the PMC as Permitted,
Accessory or Conditional in the underlying zone district. Homeless Shelters are
considered a permitted use in the RA zone only. Subject to the approval of the Director
of the Development Services Department, accessory uses are permitted that are
complementary to, and can exist in harmony with, a residential apartment development,
and are consistent with the uses and requirements set forth in Chapter 17.08 PMC as
they relate to the RA zone.
17.26.820 Development Standards
The purpose of these standards is to ensure the development of homeless shelters does
not adversely impact adjacent parcels or the surrounding neighborhood, and shall be
developed in a manner that protects the health, safety, and general welfare of the nearby
residents and businesses, while providing for the housing needs of a needy segment of
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the community. Unless otherwise specified, homeless shelters shall follow the
development standards of the RA Zone.
A. Qualifications. The applicant shall be a qualified agency with knowledge,
understanding, and demonstrable experience in the operation and management
of a homeless shelter.
B. Management Plan. The applicant shall prepare and submit for approval to the City
a written management plan including, as applicable, provisions for staff training;
neighborhood outreach; security; screening of tenants to ensure compatibility with
services provided at the facility; training, counseling, and treatment programs for
tenants; and the tenant's ability to transport, or have access to public transportation
to those locations where offsite services are provided.
C. Client Screening. The applicant shall establish a screening process to ensure that
proposed tenants meet the minimum qualifications as homeless as defined in PMC
section 17.26.790.
D. Maximum Client Stay. Tenants shall be limited to a maximum stay of no more than
six (6) months.
E. Maximum Unit Density. Homeless shelters shall be subject to the underlying
zoning district's maximum unit density standard regarding units per acre. The total
number of beds in all shelters shall not exceed twice the number of homeless
people living in the City of Poway as identified in the most recent San Diego County
Regional Task Force for the Homeless annual count.
F. Property Maintenance. The applicant shall ensure that the facility is clean and litter
free at all times. The grounds shall be landscaped with materials that are
compatible with the surrounding neighborhood, and maintained in a trim-and
weed-free state. The structure shall be painted and maintained such that it is
compatible with structures existing in the surrounding neighborhood.
G. Shelter Operation. The buildings used to shelter the homeless shall comply with
City, County and State Building, Fire and Health Codes, and must be maintained
in a safe and sanitary condition at all times.
H. Intake Areas. The design of the facility shall denote the size and location of exterior
and/or interior waiting and intake areas, if any.
I. Common Facilities. The development may provide one or more of the following
specific common facilities for the exclusive use of the tenants and staff:
1. Central cooking and dining rooms(s);
2. Recreation room;
3. Counseling center;
4. Child care facilities; and
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5. Other support services
J. Parking. Parking requirements shall be based on a demonstrated need and
approved by the City and shall use, at a minimum, those standards identified for
the RA zone.
K. Lighting. Adequate external lighting shall be provided for security purposes. The
lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, be of an intensity compatible with the neighborhood, and consistent
with PMC section 17.08.220(L).
L. Laundry Facilities. Adequate laundry facilities or services shall be provided to
serve the number of tenants within the facility. The number of washers and dryers
shall be consistent with the ratio required by the RA zone.
M. Noise. Noise levels shall be regulated by provisions contained within the.City of
Poway noise ordinance.
N. Outdoor Activity. For the purposes of noise abatement in residential districts,
organized outdoor activities may only be conducted between the hours of 8 a.m.
and 10 p.m.
O. Shelters should be situated in close proximity to, and have convenient access to,
public transportation, shopping, health care providers, and other services and
facilities frequently utilized by the residents of the property.
P. Concentration of Uses. No more than one homeless shelter shall be permitted
within a radius of 300 feet from another such shelter.
17.26.830 Guidelines and Other Development Standards
Residential Projects developed under the provisions of this Chapter shall be designed
and processed in the time and manner set forth below.
A. General Guidelines. Homeless Shelters proposed under this article:
1. Shall be comparable in the number of bedrooms, exterior appearance and
overall quality of construction with surrounding apartment complexes and/or
residences;
2. Shall be of good quality and be consistent with contemporary building
standards for new housing;
3. Shall be built in conformance with the current building codes, including
energy efficiency;
4. Shall be designed to be aesthetically pleasing and consistent with the City's
architectural and design standards referenced in the Poway General Plan
and any relevant Specific Plan; and
5. Shall incorporate adequate security measures within the structure, parking
lot and outdoor areas, such as appropriate fencing and cameras deemed
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necessary to ensure the safety of the tenants and employees within the
homeless shelter, visitors, and those residing in adjoining residential units
or complexes.
B. Other property development standards. Homeless Shelters proposed under this
article shall:
1. Comply with PMC section 17.08.160 Property development standards —
General requirements; and
2. Comply, as appropriate, with PMC section 17.08.220 (Property
development standards — Special requirement for RC and RA zones).
Conversion of an existing apartment complex, duplex, or single-family home to a
homeless shelter shall be in compliance with the aforementioned development
standards. With the conversion of a single-family home to a homeless shelter
building, occupancy and fire codes will limit the number of tenants.
SECTION 4: Homeless Shelters shall be added as a permitted use in the
Residential Apartment (RA) zone, and section 17.08.100 of Chapter 17.08 PMC
Residential Zones shall be amended to add a new item K to read as follows:
RR-A RS- RS- RS- RS-
Residential Uses through C, 2 3 4 7 RC RA
RS-1
K. Homeless Shelters X X X X X XP
SECTION 5: Agricultural Worker Housing shall be added as a permitted
accessory use in all residential zones where agricultural land uses and activities are
permitted, and section 17.08.140 of Chapter 17.08 PMC Residential Zones shall be
amended to add a new item H to read as follows:
RR-A RS- RS- RS- RS-
Residential Uses through C, 2 3 4 7 RC RA
RS-1
H. Agricultural Worker Housing P P P P P P P
SECTION 6: Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the
Ordinance No. 805
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fact of any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
SECTION 7: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it, or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in
accordance with Government Code §36933.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held the 7th day of February 2017, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 21st day of February 2017.
Steve Vaus, Mayor
ATTEST:
NancyNZfe , MC, City Clerk
Ordinance No. 805
Page 9
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that
the foregoing Ordinance No. 805 was duly adopted by the City Council at a meeting of
said City Council held on the 21st day of February 2017, and that it was so adopted by
the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
L-7t/
Nancu Id, CMC, City Clerk
City of Poway