Res P-18-12RESOLUTION NO. P-18-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, REPEALING RESOLUTION NO. P-10-08
AND ADOPTING AN UPDATED INCLUSIONARY HOUSING IN -
LIEU FEE
WHEREAS, development projects in the City incrementally impact the City's ability to
provide, or encourage the development of affordable housing for persons of lower socio-economic
status;
WHEREAS, the City Council of the City of Poway has the authority, pursuant to the Section
66000 et seq. of the California Government Code, to levy fees upon development projects to
defray all or a portion of the costs of public improvements, public services and community
amenities related to a development project;
WHEREAS, the City Council finds it necessary to mitigate the impacts of new development
on the ability to provide affordable housing;
WHEREAS, in previous years the City had reduced the Inclusionary Housing In -Lieu Fee
due to the down turn in the economy and because the City's Redevelopment Agency used to
receive significant affordable housing funds from the Redevelopment Agency's 20 percent Set
Aside Tax Increment Funds;
WHEREAS, with the State's dissolution of City Redevelopment Agencies, local funds for
affordable housing projects have substantially been diminished;
WHEREAS, the State of California has recently enacted legislation that further regulates
and encourages implementation of cities housing policies and objectives to develop affordable
housing;
WHEREAS, increasing the City's Inclusionary Housing In -Lieu Fee has the potential to
encourage developers to build affordable housing within their projects, or alternatively will provide
a revenue source for the City to assist future affordable housing projects;
WHEREAS, adoption of the resolution is consistent with the City's Housing Element
policies, objectives and programs; and
WHEREAS, on April 3, 2018, the City Council held a duly advertised public hearing to
solicit comments from the public, both pro and con, relative to this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The City Council hereby finds that the above recitals are true and correct
and are incorporated herein by reference as if set forth in full.
Section 2: This project is exempt from the provisions of the 2016 California
Environmental Quality Act (CEQA) Guidelines pursuant to Section 15061(b)(3) in that it can be
seen with certainty that the ability to pay an inclusionary housing in -lieu fee as opposed to
developing affordable housing on- or off-site will not have a significant effect on the environment.
Resolution No. P-18-12
Page 2
Section 3: The City Council hereby adopts the following:
Housina In -Lieu Fee
A. The developer of new housing may, in lieu of providing required inclusionary housing on-
site, or off-site, pay a fee to the City in accordance with the provisions of this section.
B. Fractional unit requirement shall be met through the payment of a proportional share of
the in -lieu fee established in this section.
C. For each unit constructed for which an in -lieu fee is paid, the fee shall be as follows:
Fee per zone
Residential Apartment (RA)
$500
Residential Condominium (RC), Mobile Home Park (MHP)
$500
Planned Community 8 zone (PC -8)
$500
Residential Single -Family 7 zone (RS -7)
$500
Residential Single -Family 4 zone (RS -4)
$500
Residential Single -Family 3 zone and 2 zones (RS -3 and RS -2)
$500
Residential Single -Family 1 zone (RS -1)
$500
Residential Rural A, B & C zones (RR -A, RR -13 & RR -C)
$500
D. Any payment made pursuant to this section shall be deposited in an account that shall
only be used for the development or acquisition of extremely -low, very -low and low-
income housing.
Section 4: The Affordable Housing In -Lieu Fees set forth in Section 3 above shall
become effective thirty (30) days from adoption.
Section 5: 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 fact of any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
Resolution No. P-18-12
Page 3
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, California,
at this regular meeting this 3rd day of April 2018.
Steve Vaus, Mayor
ATTEST:
Na�ncykleufeld, CMC, City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, do hereby certify, under the penalty of
perjury, that the foregoing Resolution No. P-18-12, was duly adopted by the City Council at a
meeting of said City Council held on the 3rd day of April 2018, and that it was so adopted by the
following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nancy Neufeld, CMC, City Clerk
City of Poway