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Ord 658 ORDINANCE NO. 658 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN (SP) 06-01 THE MEADOWS WORKFORCE HOUSING PROJECT LOCATED AT 12920 METATE LANE ASSESSOR'S PARCEL NUMBER: 317-250-30 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 06-01 is proposed by the Poway Redevelopment Agency and Poway Meadows LP to establish development standards for a workforce housing project located at 12920 Metate Lane; and WHEREAS, SP 06-01 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; and WHEREAS, on July 17, 2007, and August 7, 2007, 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 OF THE CITY OF POWAY DOES 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. Section 2: The City Council hereby approves SP 06-01 as shown on Exhibit B. Section 3: This Ordinance shall not be codified. Ordinance No. 658 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 July 2007, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 7th day of August 2007, by the following roll call vote. ATTEST: ~~ L. Diane Shea, City Clerk I, L. Diane Shea, city Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 658, was duly adopted by the City Council at a meeting of said City Council held on the 7th day of August 2007, and that it was so adopted by the following vote: AYES: NOES: BOYACK, EMERY, HIGGINSON REXFORD ABSENT: CAFAGNA DISQUALIFIED: NONE ~~~.~4-- L. Diane Shea, City Clerk City of Poway Ordinance No. 658 Page 3 EXHIBIT A MITIGATION MONITORING PROGRAM FOR TTM 06-06, DR 06-04 AND VAR 07- 02 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 Mitigation Measure Timing Responsibility Biological Provide mitigation, to the satisfaction of Prior to Applicant the Director of Development Services, clearing or consistent with the Poway Habitat Grading Conservation Plan and mitigate impacts Permit to approximately 3 acres of disturbed Issuance, non-native grassland habitat at a 1:1 whichever ratio. This mitigation shall be through occurs first. the dedication of an offsite Biological Conservation Easement preserving comparable undisturbed and unencumbered habitat, and/or by the payment of In-Lieu Fees at the established rate. Presently, the In-Lieu Fee rate is $10,000 per acre. Mitigation of project impacts to approximately 0.043 acres of disturbed wetland habitat shall be as follows: (1) preservation and enhancement of approximately 0.037 acres of non-impacted, onsite disturbed wetland habitat, and offsite mitigation of approximately 0.043 acres of disturbed wetland habitat at a 1: 1 ratio through removal of invasive vegetation (arrundo) from the creek area (Rattlesnake Creek/Poway Creek) located upstream from the subject project; or (2) complete mitigation for impacts to all of the onsite (0.080 acres) disturbed wetland habitat TODic Traffic Mitigation Measure at a 2:1 ratio through removal of invasive vegetation (arrundo) from the creek area (Rattlesnake Creek/Poway Creek) located upstream from the subject project. The necessary permits, notices and approvals shall be obtained from the Army Corps of Engineers, California Department of Fish and Game, and the Regional Water Quality Control Board for any impacts to jurisdictional waters or wetlands. 1. The developer shall submit improvement plans that provide for a southbound right-turn lane from Community Road to Metate Lane. The right-turn lane shall be constructed by the developer. 2. The improvement plan design shall note traffic control signage, which shall include: a. An all-way stop at Metate Lane and the project access street; and b. Signage for speed reduction to 25 miles per hour along Metate Lane, to the satisfaction of the City Traffic Engineer. Cultural An archaeological monitor shall be Resources present during grading operations. Ordinance No. 658 Page 4 Timina Mitigation measure 1, 2(a) and 2(b) shall be shown on the project grading plan and constructed prior to certification of occupancy. Prior to clearing or Grading Permit issuance, whichever occurs first. Responsibility Applicant Applicant Ordinance No. 658 Page 5 Exhibit B The Meadows Moderate and Low-Income Housing Project Specific Plan 06-01 I. INTRODUCTION 2 II. AUTHORITY AND SCOPE 2 III. PROJECT DESCRIPTION 2 IV. RELATIONSHIP TO THE POWAY GENERAL PLAN AND 3 MUNICIPAL CODE V. LAND USE AND DEVELOPMENT STANDARDS 3 VI. IMPLEMENTATION PROCEDURES 8 VII. ENVIRONMENTAL REVIEW 8 VIII. AMENDMENT PROCEDURES 8 Ordinance No. 658 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 proxirnity 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 Advisory 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 30-unit workforce, single- family attached residential development with a permitted density of up to 8 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 This is a joint project by the Poway Redevelopment Agency (Agency) and Pacific Scene Homes, to develop a 3D-lot, single-family attached and detached workforce residential project on the 4.09-acre site located on the north side of Metate Lane, at 12920 Metate Lane. The Poway Redevelopment Agency currently owns the property. Prior to acquisition by the Agency, the subject property had been used as a horse boarding facility. The site has two different General Plan/zoning designations. The developable portion of the property, which is located on the north side of Metate Lane, has a General Plan and zoning designation of Residential Single-Family 7 (RS-7). A small portion of the site on the south side of Metate Lane is zoned South Poway Planned Community, with a Land Use Designation of Open Space-Natural and cannot be developed. Ordinance No. 658 Page 7 In order to assist in reducing the construction costs for this workforce housing project, regulatory concessions will be allowed, as provided for under the poway Municipal Code and State Government Code Section 65915, via this Specific Plan described in detail in Section V. IV. RELATIONSHIP TO THE POWAY GENERAL PLAN AND MUNICIPAL CODE This Specific Plan 06-01 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, the purposes of the residential zones in general and, more specifically, the Residential Single-Family 7 zone (RS-7), as contained in Poway Municipal Code (PMC) Chapter 17.08. V. LAND USE AND DEVELOPMENT STANDARDS This section presents both the land use and site-specific development standards for the subject property. 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. A. LIST OF PERMITTED AND CONDITIONAL USES Where the symbol "P" appears, those uses noted are permitted. Where the symbol "X" appears or if the use is not listed, the uses are prohibited. 1. Residential Uses a. Attached and Detached Single Family Dwellings. b. Guest houses. c. Family Day Care home, as defined in Section 1596.78 of the California Health and Safety Code as follows: i. Small family daycare. ii. Large family daycare. d. Home occupations subject to the provisions of Chapter 17.28PMC and provided the use shall not allow customers or clientele to visit the dwelling. e. Accessory structures and uses located on the same site as a permitted Use. f. Accessory structures and uses located on the same site as a conditional Use. P P X P P P P P Ordinance No. 658 Page 8 2. Animal and AQricultural Uses a. Keeping of dogs and cats (over the age of eight months) and a maximum of three dogs and/or three cats. P 3. Public and Semi Public Uses a. Child care centers, other than family daycare homes. X b. Churches, convents, monasteries, and other religious X institutions. c. Educational institutions, public or private schools, X not including art, business or trade schools, and colleges. d. Private recreational facilities, including, but not limited to, X Country clubs, tennis and swim clubs, golf courses, and racquetball and handball, YMCA, YWCA. e. Recreational courts, including, but not limited to, tennis, X paddle tennis and other similar uses determined by the Development Services Director. 4. Accessorv Uses a. Lighted or unlighted private recreational courts, including, but not limited to, tennis, paddle tennis and other similar uses. X b. "Seatainers". X 5. Temporarv Uses a. Temporary uses as prescribed in Chapter 17.26 PMC. 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. Development and redevelopment of the site shall follow the guidelines set forth in this document. Where the Specific Plan is silent, the Residential Single-Family 7 development standards found in Chapter 17.08 of the Poway Municipal Code (exclusive of Permitted and Conditional Uses), shall take precedence. Ordinance No. 658 Page 9 1. Propertv Development Standards - General requirements The following requirements are the minimum unless otherwise stated: d. e. f. g. h. . i. j. a. Density b. Net Lot Area c. Lot Width: i. Standard Lot ii. Cul-de-sac or odd-shaped lot iii. Flat lot Lot Depth Front Yard Setback Interior Side Yard Setback Street Side Yard Setback Rear Yard Setback Lot Coverage Building Height k. Parking Spaces 2. ReQulatorv Concessions 8 dwelling units per net acre 3,600 square feet per lot 40 feet 30 feet 20 feet 80 feet 18 feet 5/0 feet 1 0 feet 13 feet 55% Single-story, not to exceed 25 feet 2-car garage The project will provide a total of 30 workforce housing units, which is consistent with the density allowance of eight dwelling units per net acre of the Residential Single-Family 7 General Plan and Zoning designation of the site. The project will include regulatory concessions, as provided for under the Poway Municipal Code, the Housing Element of the General Plan and State law, via a Specific Plan, to facilitate the development of workforce housing units. The regulatory concessions are listed in the following table: Re!:lulatorv Concession City Requirement Proposed (RS-7 zone) Net Lot Area 4,500 square feet minimum 3,600 sauare feet Minimum Lot Width 50 feet minimum 40 feet Rear Yard Setback 20 feet minimum 13 feet Interior Side Setback 5/10 feet minimum 0/5 feet Lot Coveraae 50% maximum 55% Front Yard Setback for 14 feet minimum 8 feet Attached Porch Ordinance No. 658 Page 10 Street Right-of-Way and 54 feet R-O-W and 36 feet 3 street types in project: Improvement minimum improved width "A" - 36 feet curb to curb; , parking on two sides. "B" - 28 feet curb to curb; parking on one side. "C" - 24 feet curb to curb; no on-street oarkinQ Sidewalks 4.5 feet width on both sides 4.5 width on both sides of of the street Type A and Type B streets, and on one side of the Tvoe C streets Minimum Lot Size 4,000 square feet 3,600 square feet Required for a Building Permit to be Issued on a LeQal Lot 3. Propertv Development Standards - Additional Requirements a. Any legal lot may be used as a building site if the proposed use is permitted in the zone and all grading requirements set forth in the General Plan and the Poway Municipal Code are strictly satisfied without variance, provided that no Building Permit shall be issued for a lot of a size less than 3,600 square feet. b. None of the lots can be further divided. c. Accessory structures: Accessory buildings and/or structures, attached and detached, shall meet all of the requirements for location of the main structure as constructed or as required by the zone, whichever is less restrictive; except as provided in this subsection: i. Canopies, patios and breezeways attached to the main building or connecting the main building with a detached accessory building, may extend into a required rear or interior side yard; provided that portions of such structures extending into the yard: ii. Shall not exceed 15 feet in height or project closer than five feet to an interior side yard or rear lot line. III. Shall be entirely open on at least three sides for patios and canopies, except for necessary supporting columns. 4. 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 are consistent with the design guidelines of the General Plan. The basic design elements of scale, proportion, context, and color that reference and blend with the environment shall be carried throughout the project. Ordinance No. 658 Page 11 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. Every effort shall be made to build 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. 5. Utilitv Location All utility services, including electricity, telephone, and gas shall be located below ground. All utility transformers should be located near property boundaries, but clear of the right-of-way. All cabinets and boxes shall be screened and designed to blend with the buildings and landscaping. 6. Affordabilitv a. Each of the 30 housing units within the Development (the "Housing Units") shall be made available to eligible Low and Moderate Income Households only. b. For the purposes of this Specific Plan, "Moderate Income Household" shall mean a household earning not greater than 110 percent (110%) 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 50052.5, or successor statute; and "Low-income Household" shall mean a household earning not greater than of 30 percent of 80 percent 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 50079.5, or successor statute. c. The Housing Units within the Development shall be subject to a deed restriction to sell to only Moderate Income Households and affordability requirements of this Specific Plan for not less than 45 years. VI. 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 a workforce housing project will require approval of a Development Review. Ordinance No. 658 Page 12 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, cultural resources and traffic. However, mitigation measures incorporated into the design of the project have reduced the potential impacts to a level of insignificance. The issuance of a Mitigated Negative Declaration is recommended. VIII. AMENDMENT PROCEDURES Any amendment, whether City-initiated or private, to Specific Plan 06-01, 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.