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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.