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.