Ord 642
ORDINANCE NO. 642
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, ADDING SECTION
17.26.400 TO THE POWAY MUNICIPAL CODE TO ADD AN APPEAL PROVISION TO
THE CITY'S INCLUSIONARY HOUSING REQUIREMENTS
WHEREAS, the City of Poway has an Inclusionary Housing Ordinance, enacted
in 1993, and codified at Poway Municipal Code sections 17.26.100-17.26.300; and
WHEREAS, the Inclusionary Housing Ordinance requires that developers of new
residential projects set aside a percentage of units as low or moderate income housing,
or in the alternative, requires that developers of residential projects pay an in-lieu fee, to
be deposited into a fund to be used for the development or acquisition of affordable
housing; and
WHEREAS, California courts have generally upheld the constitutionality and
legality of inclusionary housing ordinances, but have ruled that inclusionary housing
ordinances should contain an appeal provision allowing a developer to seek a waiver or
reduction of the requirements when the developer can prove that there is no reasonable
relationship between the impact of the development and the inclusionary requirement;
and
WHEREAS, the intent of this amendment to the City's Inclusionary Housing
Ordinance is to add an appropriate appeal provision so that the Ordinance conforms to
all legal requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: Section 17.26.400 is added to Chapter 17.26 of the Poway
Municipal Code to read as follows:
17.26.400 Appeal for adjustment, reduction or waiver.
A. A developer of any project subject to the requirements of this chapter may
appeal to the City Council for a reduction, adjustment or waiver of the
requirements based upon the absence of any reasonable relationship or nexus
between the impact of the development and either the amount of the fee charged
or the inclusionary requirement.
B. Any such appeal shall be made in writing and filed with the City Clerk not later
than ten (10) days before the first public hearing on any discretionary approval or
permit for the development, or if no such discretionary approval or permit is
required, or if the action complained of occurs after the first public hearing on
such permit or approval, then the approval shall be filed within ten (10) days after
payment of the fees objected to. The appeal shall set forth in detail the factual
and legal basis for the claim of waiver, reduction or adjustment. The City Council
Ordinance No. 642
Page 2
shall consider the appeal at the public hearing on the permit application or at a
separate hearing within sixty (60) days after the filing of the appeal, whichever is
later. The appellant shall bear the burden of presenting substantial evidence to
support appellant's position. The decision of the City Council shall be final. If a
reduction, adjustment, or waiver is granted, any change in use within the project
shall invalidate the waiver, adjustment, or reduction of the fee or inclusionary
requirement.
SECTION 2: If any portion of this Ordinance is determined to be unconstitutional
or otherwise contrary to law, that portion will be severed, and the remainder will
continue in full force and effect.
SECTION 3:
This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names of 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 the 18th day of July 2006, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 1 st day of August 2006, by the following roll
call vote:
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED:
NONE
ATTEST:
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