Ord 109ORDINANCE NO. 109
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING PERFOi~MANCE STANDARDS FOR THE
CONVERSION OF RESIDENTIAL APARTMENT UNITS
TO CONDOMINIUMS AND DECLARING THE URGENCY THEREOF
The City Council of the City of Poway does ordain as follows:
Section 1: The City of Poway, pursuant to a mandate from the State of
California, is required, as part of the City's Housing Element, to develop
an adequate supply of housing for individuals of low and moderate income and
to preserve the existing supply of housing for that same group of
individuals. The City Council finds that apartment rental units within the
City fall within the definition of and are a major part of "low and
moderate" priced housing.
Section 2: The City council finds that speculative conversion of
residential apartments to condominiums is encouraged when specific
performance standards are not required as conditions of conversion projects,
and therefore, the supply of low and moderate income housing may be
unnecessarily reduced.
Section 3: The City Council finds that the following performance standards
are necessary for approval of any project involving the conversion of
residential apartments to condominiums:
1. A Conditional Use Permit is required.
2e
Masonry walls eight (8) feet in height, from the highest finished
grade, shall be required on the rear and side property lines. No walls
are required on street side yards unless needed for noise attenuation
and/or privacy.
Where a lot fronts on more than one street it shall be considered to
have multiple frontages and be required to meet the front yard setback
requirement on all street frontages or provide a reasonable alternative
acceptable to the City Council.
4e
When a multi-family lot is adjacent to any single family zone, a
minimum of fifteen (15) feet of landscaping shall be maintained on the
multi-family lot between such uses on a reasonable alternative
acceptable to the City Council shall be provided.
A minimum of two hundred (200) square feet of private open area per
ground floor unit shall be provided and a minimum of one hundred fifty
(150) square feet of private open space for units contained wholly on
the second story shall be provided or a reasonable alternative, for
either or both, acceptable to the City Council shall be provided.
7e
10.
11.
12.
13.
14.
Ordinance No. 109
Page 2
A minimum of two hundred fifty (250) cubic feet of lockable, enclosed
storage per unit shall be provided in the garage or carport area;
substitutions may be approved by the City Council.
Parking shall be provided as required by the City's Parking Ordinance
for condominiums. All parking requirements in excess of existing
facilities may be waived by the City Council except the requirement for
covered parking for dwelling units.
The following recreation facilities shall be provided at a minimum
unless waived by the City Council:
a. Landscaped park like quiet area;
b. Childrens play area;
c. Family picnic area; and
d. Swimming pool with cabana or patio cover.
A minimum of two (2) clothes washers and one (1) clothes dryer per
eight (8) dwelling units located conveniently throughout the
development.
Conveniently located trash enclosures, per City standards, shall be
provided.
A minimum of fifty (50) trees per net acre shall be required as part
of the landscaping requirements; twenty (20) percent shall be twenty-
four (24) inch box size or larger, seventy (70) percent shall be
fifteen (15) gallon size and ten (10) percent shal be five (5) gallon
size.
Recreation vehicle parking areas shall be provided, fully screened
from view or the development shall prohibit all parking of recreation
vehicles.
Ail requirements of the State Subdivision Map Act, Section 66410 of
the Government Code, and the City's Subdivision Ordinance pertaining
to condominium conversions shall be met.
In addition to the requirements of the Subdivision Map Act and local
subdivision ordinance, senior citizens (55 years and older) who are
tenants at the time of conversion shall be allowed to continue renting
their units for one (1) year following completion of the conversion
process.
Ordinance No. 109
Page 3
Section 4: The City Council finds that this action will have no
significant impacts environmentally and issues a Negative Declaration
pursuant to the California Environmental Quality Act.
Section 5: Notwithstanding any other provisions of this Code, this Section
shall expire and be of no further force and effect forty-five (45) days
from the date of adoption.
Section 6: URGENCY CLAUSE. This Ordinance is an emergency measure
necessary for the imm~ediate preservation of the public health, safety, and
welfare. The reasons constituting are set forth in Section 1 and 2.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Poway at a
regular meeting thereof held this 26th day of July, 1983 by the following roll
call vote:
AYES:
NOES
ABSENT
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Marjor~.K. Wahlsten, City Clerk
KRUSE, SHEPARDSON, TARZY, ORAVEC
NONE
EMERY
Linda L. Oravec, Mayor