Ord 620
ORDINANCE NO. 620
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
APPROVING SPECIFIC PLAN 05-01 FOR AN AFFORDABLE HOUSING PROJECT
LOCATED AT THE SOUTHWEST CORNER OF COMMUNITY ROAD AND
HILLEARY PLACE FROM COMMERCIAL OFFICE TO RESIDENTIAL APARTMENT
ASSESSOR'S PARCEL NUMBERS: 317-101-24 AND 25
WHEREAS, Chapter 17.47 (Specific Plan regulations) of Title 17 (Zoning
development Code) of the Poway Municipal Code provides for the requirements for the
initiation, preparation, and adoption of Specific Plans in accordance with Section 65450,
et. seq., of the California Government Code (Article 8, Specific Plans); and
WHEREAS, SP 05-01 is proposed by the Poway Redevelopment Agency and
Community Housing Works to establish a dwelling unit density bonus and development
standards for an affordable housing project located at the southwest comer of
Community Road and Hilleary Place intersection; and
WHEREAS, SP 05-01 is a Specific Plan which would implement the Affordable
Housing overlay for the subject site by providing a 12% dwelling unit density bonus,
which equates to 6 additional units that would otherwise be permitted under the
underlying Residential Apartment zoning, as provided for under Section 17.08.200 of
the Poway Municipal Code and State law; and
WHEREAS, SP 05-01 would also provide regulatory concessions for the project,
as provided for under Section 17.08.200 of the Poway Municipal Code and State law
and as described in the project staff report.
WHEREAS, on May 17, 2005 and May 31,2005, the City Council held a duly
advertised public hearing to solicit comments from the public, both pro and con, relative
to this application.
NOW, THEREFORE, the City Council does hereby ordain as follows:
Section 1: The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Ordinance. The subject EIS and MND documentation are
fully incorporated herein by this reference. The City Council finds, on the basis of the
whole record before it, that there is no substantial evidence the project will have a
significant impact on the environment, that the mitigation measures contained in the EIS
and Exhibit A hereof, will mitigate potentially significant impacts to a less than significant
level, and that the MND reflects the independent judgment and analysis of the City. The
City Council hereby approves the MND and the associated Mitigation Monitoring
Program attached to this Resolution as Exhibit A.
Section 2: The City Council hereby approves SP 05-01 as shown on Exhibit B.
Section 3: This Ordinance shall not be codified.
Ordinance No. 620
Page 2
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
(30) days after the date of this passage; and before the expiration of fifteen (15) days
after its passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 17th day of May 2005 and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 31st day of May 2005, by the following roll
call vote.
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED: NONE
yor
ATTEST:
q{a~
Ordinance No. 620
Page 3
EXHIBIT A
MITIGATION MONITORING PROGRAM
VI. Community Road Housing and Office Project
General Plan Amendment 05-01, Zone Change 05-01, Specific Plan 05-01,
Development Review 05-05, Development Review 05-06, and Variance 05-01
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This Mitigation Monitoring Program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non-compliance
situations, which may occur subsequent to project construction, will be addressed on a
case-by-case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
Topic
Biology
Hazardous
Materials
Noise
Mitiaation Measure
Prior to the removal of any
Eucalyptus tree on-site during the
recognized nesting season for
raptors, a qualified professional
shall evaluate the subject tree(s)
for a raptor nest(s) and report the
findings in writing to the City.
Should a nest(s) be located, the
tree removal shall be delayed until
such time as the nest(s) have been
abandoned.
Prior to the issuance of a Grading
Permit, the applicant shall mitigate
for the impacts to 1.38 acres of
non-native grasslands at the ratio
1:1. Mitigation shall be satisfied by
payment of an in-lieu fee.
The applicant shall implement Best
Management Practices during
construction, such as erosion and
sediment control, and the diversion of
water to desiltation basins, to the
satisfaction of the City Engineer.
Prior to the issuance of a Grading
Permit, the applicant shall submit
documentation that the project has
complied with all San Diego
County Department of
Environmental Health regulations,
to the satisfaction of the Director of
Development Services.
Prior to the issuance of a Building
Permit, the applicant shall submit a
study prepared by a qualified
professional which assesses interior
noise, pursuant to City standards, for
those units which face the street and
identifies mitigation measures if
necessary. Any noise mitigation
measures shall be incorporated into
the building plans for those units prior
to the issuance of a BuildinQ Permit.
Ordinance No. 620
Page 4
Timina ResDonsibilitv
Prior to the Applicant
removal of any
tree.
Prior to
issuance of
Grading
Permit.
During
construction
Prior to the
issuance of a
Grading Permit
Prior to
issuance of a
Building Permit
Applicant
Applicant
Applicant
Applicant
Ordinance No. 620
Page 5
Exhibit B
Community Road Housing
Specific Plan 05-01
CONTENTS
I. INTRODUCTION 6
II. AUTHORITY AND SCOPE 6
III. PROJECT DESCRIPTION 6
IV. RELATIONSHIP TO THE POWAY GENERAL PLAN AND 7
MUNICIPAL CODE
V. LAND USE AND DEVELOPMENT STANDARDS 7
VI. IMPLEMENTATION PROCEDURES 11
VII. ENVIRONMENTAL REVIEW 11
VIII. AMENDMENT PROCEDURES 11
Ordinance No. 620
Page 6
I. INTRODUCTION
In 1992, the City of Poway began a process to identify sites that would assist the
City in meeting its local and regional share of affordable housing units. Staff first
established criteria for evaluating potential sites. The criteria included proximity
to food stores, public transit and medical facilities. The zoning of the parcel was
not a major factor in the site evaluation and as a result selected parcels could be
residentially or commercially zoned. As such, the program also required that a
specific plan be created in association with a development plan on any of the
selected sites. The Specific Plan would detail, for a specific site, development
standards and density for the project.
The City's Redevelopment and Housing Committee held public hearings on 36
potential affordable housing sites. Each site was assigned a classification as to
whether it was to serve a senior or family population. This Specific Plan has
been prepared to comply with the guidelines of the affordable housing program.
It addresses a plan to construct a 56-unit affordable, working families housing
development with a permitted density of up to 25 units per acre.
II. AUTHORITY AND SCOPE
Section 65450, et seq. of the California Government Code enables local
governments to adopt specific plans for the systematic implementation of their
general plans. The code requires that specific plans be consistent with the
agency's general plans. It is the intent of this specific plan to define appropriate
land uses and development standards necessary to ensure that the development
of the subject parcels is transitional, compatible, and sensitive to the surrounding
standards.
III. PROJECT DESCRIPTION
The project is a joint proposal by the City of Poway Redevelopment Agency and
the Community Housing Works, a non-profit housing developer, to develop a 56-
unit affordable apartment housing project on a site located at the southwest
comer of Community Road and Hilleary Place.
The site is comprised of 4 contiguous lots, which have a combined size of
approximately 4.9 acres. The Poway Redevelopment Agency currently owns, or
will ultimately own, the entire site. Approximately 3 acres of the site is
developable and proposed for residential and commercial development. The
remaining portion of the site is within the floodway of Rattlesnake Creek, and is
not proposed for development. The current lot lines on the site will be
reconfigured to be in alignment with the commercial, housing, and
f1oodway/undevelopable portions of the site.
Ordinance No. 620
Page 7
The site has 3 different General Plan/zoning designations. The floodway portion
of the site, which is not proposed for development, has a General Plan and
zoning designation of Rural Residential C (RR-C). The 2.8-acre developable
portion of the site is currently zoned Commercial Office (CO) as is the 0.6 acres
at the street intersection. The remaining 2.2 acres is Residential Apartment
(RA). As part of the project, a General Plan/zoning designation change is
requested to change 0.2 acres of the CO property to RA. The reconfigured lot
lines for the proposed office and housing will be in alignment with the General
Plan/zoning designation boundary lines.
The housing component of the project will be on a reconfigured, approximately
2.5-acre, separate lot. A commercial office will be built on the corner parcel and
is part of the project, but not a part of this Specific Plan. The remnant portion of
the site, which is situated within the floodway, will be comprised of 2 lots
approximately 2 acres in size and will remain undeveloped. The housing
component of the project involves construction of 56, two-story apartment units in
6 buildings, 90 parking spaces (56 of which will be covered with a carport), and a
2, 161-square-foot community building for the use of residents.
The project proposes a dwelling unit density bonus and regulatory concessions,
as provided for under the Poway Municipal Code and State law, via a Specific
Plan described in detail in Section V.
IV. RELATIONSHIP TO THE POWAY GENERAL PLAN AND MUNICIPAL CODE
Specific Plan 05-01 has been prepared in accordance with the governing City
plans and ordinances and state law pertaining to specific plans. The
development of the subject property shall be consistent with the objectives and
policies of the Poway General Plan, constituent elements, and development
standards of the Residential Apartment zone found in Chapter 17.08 of the
Poway Municipal Code.
V. LAND USE AND DEVELOPMENT STANDARDS
This section presents site-specific development standards for the subject
properties. The land use and development standards are divided into two
sections. The first section lists land uses permitted on the property. The second
section discusses specific site and building standards.
Ordinance No. 620
Page 8
A. LIST OF PERMITTED AND CONDITIONAL USES
Where the symbol "C" appears, those uses noted shall require approval of
a Conditional Use Permit, uses noted by the symbol "X" are not permitted.
All other uses not mentioned shall be considered prohibited.
RESIDENTIAL USES
1. Multiple Dwellings C
2. Rental C
3. Individual ownership X
4. Condominium conversion X
5. Child care centers other than family day care homes C
6. Home occupations subject to provisions of
Chapter 17 .28 ofthe Poway Municipal Code P
B. GENERAL REQUIREMENTS
The purpose of the General Requirements section is to provide guidance
to potential developers with specific regard to the site characteristics of the
property.
Site Desiqn
The site design should incorporate the creative use of open space,
sidewalks, and landscaping. Design features, such as interior courtyards,
walkways, shared recreational and common areas will help create a
cohesive neighborhood effect. The availability of the Community Building,
the varying age level types of recreational facilities, proximity to Hilleary
Park, and local entertainment areas will assist in meeting the recreational
needs of the project.
Density Bonus and Requlatorv Concessions
The project will provide a dwelling unit density bonus of 12% above what
would otherwise be allowable under the RA zoning. Under the RA zoning,
and given the size of the site, a maximum of 49 units would be allowed.
Fifty-six units are proposed. Proposed regulatory concessions are listed
as follows:
Ordinance No. 620
Page 9
Regulatory Concession City Requirement Proposed
On-site Parking 129 spaces 90 spaces
Carport Parking Size 10 feet by 20 feet 9 feet by 18.5 feet
Retaining Wall Height 6 feet maximum 9 feet maximum
Distance Between 15 feet minimum 12 feet minimum
BuildinQs
Private Open Space 10% of unit area 8% minimum
Setback from adjacent 50 feet minimum 10 feet minimum
RR-C zoning
Rear Yard Setbacks 15 feet minimum 10 feet minimum
Interior Side Yard 15 feet minimum 10 feet minimum
Setbacks
Lot CoveraQe 40% maximum 50%
Project Recreational Swimming Pool No Swimming Pool
Amenity
Landscape Planters in One every 8-10 Substitute Tree
Parking Area spaces Wells
Development and redevelopment of the site shall follow the guidelines set
forth in this document. Where the Specific Plan is silent, the Residential
Apartment (RA) standards found in Chapter 17.08 of the Poway Municipal
Code shall take precedence.
Architectural DesiQn
Development in the project area shall reflect an architectural style that
incorporates design components and architectural elements that exist in
the surrounding area and be consistent with the design guidelines of the
Poway Road Specific Plan. The basic design elements of scale,
proportion, context, and color that reference and blend with the
environment shall be carried throughout the project.
All development shall conform to the goals, objectives, policies, standards,
and regulations of this specific plan and all other applicable codes,
including the Poway Municipal Code, State Building Code, the Uniform
Building Code and the Paguay Redevelopment Plan.
Development standards not specifically referenced in this Specific Plan
shall defer to development criteria found in Chapter 17.08, Residential
Apartment Standards.
Every effort shall be made to build and operate the development project in
an energy efficient manner. This includes the use of high efficiency
mechanical equipment and lighting, additional insulation, the careful
monitoring of lighting, heating and air conditioning, the maximum use of
solar access to warm the buildings and the westerly breezes and open
windows for cooling.
Ordinance No. 620
Page 10
The building design should incorporate articulation of exterior walls and
multi-planned, pitched roofs. The use of recessed doorways and
windows, pop out stucco accents around the windows, extended roof
eaves, and balconies or false balconies are encouraged to enhance the
depth and appearance of the buildings. Rear and side building facades
should be designed to be consistent with the architectural style of the
building and the design of the primary facade.
Building illumination and architectural lighting shall be indirect in nature
and shall complement and accent the design of the building. Site lighting
shall be designed to eliminate the intrusions of glare onto adjacent
properties and to minimize or eliminate the amount of light that remains on
during the night. Lighting should also emphasize walking areas so as to
clearly identify the pedestrian walkways and direction of travel.
Utility Location
All utility services, including electricity, telephone, and gas shall be located
below ground. All utility transformers should be located near property
boundaries, away from the main entrance and building entry areas as well
as away from the adjacent residential neighborhoods. Every effort will be
made to locate all utility vaults and boxes away from the main entrance or
where highly visible from Community Road. All cabinets and boxes shall
be screened and designed to blend with the building and landscaping.
Affordability
Fifty-five of the 56 housing units within the Development (the "Housing
Units") shall be made available to Low and Moderate Income Households,
all at an affordable rent. One, non-rent restricted, market-rate unit shall be
reserved to be occupied by the on-site property manager.
For the purposes of this Specific Plan, "Very Low Income Household" shall
mean a household earning not greater than fifty percent (50%) of the San
Diego County area median income, adjusted for household size, as set
forth by regulation of the California Department of Housing and
Community Development, pursuant to Health and Safety Code Section
50105, or successor statute.
The Housing Units within the Development shall be subject to the rent
restriction and affordability requirements of this Specific Plan in perpetuity.
The monthly rental amount for the Housing Units to be rented to Very Low
Income Households (less reasonable utility allowance) shall not exceed
one-twelfth (1/12) of thirty percent (30%) of San Diego County area
median income for a family of a size appropriate to the Housing Unit (as
defined in Health and Safety Code Section 50053).
Ordinance No. 620
Page 11
For the purpose of this Specific Plan, "rent" shall mean the total of monthly
payment by the resident of a Housing Unit for use and occupancy of the
Housing Unit and facilities associated therewith, including a reasonable
allowance for utilities for an adequate level of service, as defined in 25
California Code of Regulations, Section 6918.
VII. IMPLEMENTATION PROCEDURES
The development of the land within the boundaries of the Specific Plan area shall
follow normal City of Poway procedures with regard to Development Review,
Conditional Use Permits, and the subdivision of land. Development of an
affordable housing project will require approval of a Development Review.
This Specific Plan proposes development standards for the subject property.
Where development standards differ from those listed in the Poway Municipal
Code, the provisions contained within this Specific Plan shall take precedence.
Where the specific plan is silent, the Poway Municipal Code standards shall
govern.
VII. ENVIRONMENTAL REVIEW
Staff conducted an on-site environmental investigation and prepared an
Environmental Initial Study for the proposed project and determined that the
approval of the project could have a potential significant environmental impact in
the areas of biology, noise and hazards. However, mitigation measures
incorporated into the design of the project have reduced the potential impacts to
a level of insignificance. A Mitigated Negative Declaration has been approved by
the City Council.
VIII. AMENDMENT PROCEDURES
Any amendment, whether City-initiated or private, to Specific Plan 05-01, shall be
processed in accordance with the Specific Plan regulations of the Poway
Municipal Code and shall be, if approved, adopted by City Council Ordinance.