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Ord 689 ORDINANCE NO 689 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN 08-01 FOR AN AFFORDABLE HOUSING PROJECT LOCATED EAST OF MIDLAND ROAD BETWEEN EDGEMOOR STREET AND ADRIAN STREET ASSESSOR'S PARCEL NUMBERS 314-220-69 & 70 WHEREAS, Chapter 1747 (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 08-01 is proposed by the Poway Redevelopment Agency and Interfaith Housing Incorporated to establish development standards for an affordable housing project located east of Midland Road, between Edgemoor Street and Adrian Street; and WHEREAS, SP 08-01 would 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 October 17, 2008, the City Council approved the initiation of SP 08-01, and WHEREAS, on February 3, 2009, 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 Ordinance as Exhibit A. Section 2 The City Council hereby approves SP 08-01 as contained in Exhibit B Section 3 This Ordinance shall not be codified 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 Ordinance No 689 Page 2 passage, it shall be published once with the names and members voting for and against the same in the Po way 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 3rd day of February 2009, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 17th day of February 2009, by the following roll call vote AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD NOES NONE ABSENT CAFAGNA DISQUALlFIED- NONE '0~ < - ATTEST Ordinance No 689 Page 3 EXHIBIT A MITIGATION MONITORING PROGRAM Interfaith Housing Incorporated General Plan Amendment 08-03, Zone Change 08-01, Specific Plan 08-01, and Development Review 08-05 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 210816 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 Noise Prior to occupancy the applicant shall Prior to Applicant submit a study prepared by a qualified issuance of professional which assesses interior a Building noise, pursuant to City standards, for Permit those units which face the street to ensure that per Section 1708.230 of the Poway Municipal Code that interior noise levels do not exceed 45 dBA CNEL Ordinance No 689 Page 4 EXHIBIT B BRIGHTON PLACE AFFORDABLE HOUSING SPECIFIC PLAN 08-0 1 '1-.- ., ~ Ordinance No 689 Page 5 BRIGHTON PLACE SPECIFIC PLAN 08-0 1 LEGEND I. INTRODUCTION 2 II. AUTHORITY AND SCOPE 2 III PROJECT DESCRIPTION 2 IV RELATIONSHIP TO THE POWAY GENERAL PLAN AND MUNICIPAL CODE 3 V LAND USE AND DEVELOPMENT STANDARDS 3 VI IMPLEMENTATION PROCEDURES 6 VII ENVIRONMENTAL REVIEW 6 VIII AMENDMENT PROCEDURES 7 Figure 1 - SITE PLAN 8 Figure 2 - ELEVATIONS 9 Ordinance No 689 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. This Specific Plan has been prepared to comply with the guidelines of the affordable housing program. It addresses a plan to construct a 77-unit apartment affordable working families housing development with a permitted density of 194 dwelling 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 Plan. 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 Interfaith Housing Incorporated, a non-profit housing developer, to develop a 77-unit apartment affordable housing project on 3 97 acre of a 407 acre site located east of Midland Road between Edgemoor Street and Adrian Street. The site was previously comprised of two contiguous vacant parcels (1 07 and 3 acres, respectively) that have been merged and have a combined size of approximately 4 07 acres The site is bordered on the south by Edgemoor Street, Poinsettia Mobile home Park to the east, Adrian Street and a commercial office building to the north, and the Old Poway Village shopping center to the west. The former alley on the west side of the property has been improved to a public street named Brighton Way Ordinance No 689 Page 7 A General Plan Amendment 08-03 and Zoning Change 08-01 were approved resulting in the land use and zoning of the 3 97 acre portion of the site being changed to Residential Apartment (RA) The 0 1 acre OS-R portion of the 1 07 -acre parcel was not changed. The project involves construction of 77 two-story apartment units in 12 buildings, 131 parking spaces (78 of which will be covered with a carport), a 2,780-square-foot community building for the use of residents, and a 237-square-foot laundry room. This Specific Plan includes regulatory concessions, as provided for under the Poway Municipal Code and State Law that are described in detail in Section V IV. RELATIONSHIP TO THE POWAY GENERAL PLAN AND MUNICIPAL CODE Specific Plan 08-01 has been prepared in accordance with the governing City General Plan 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 RA zone found in Chapter 17 08 of the Poway Municipal Code, except as modified pursuant to this Specific Plan 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. 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 1708 of the Poway Municipal Code shall take precedence A. LIST OF PERMITTED AND CONDITIONAL USES Section 1708100 of the Poway Municipal Code provides a list of permitted and conditional uses offered in the Residential Apartment zone B GENERAL REQUIREMENTS The purpose of this section is to provide guidance with regard to the site characteristics of the property Ordinance No 689 Page 8 Site Desiqn The site plan contained in Figure 1 incorporates the creative use of open space, sidewalks, and landscaping. Design features, such as interior courtyards, walkways, and shared recreational and common areas help create a cohesive neighborhood effect. The availability of the Community Building, the play areas, and the proximity to the Old Poway and Aubrey Parks will assist in meeting the recreational needs of the project. Requlatorv Concessions Poway Municipal Code, Section 1708.200 provides that in any residential zone wherein the creation of new multifamily affordable housing is proposed for construction in the RA zone, the City shall grant one of the following development incentives to be determined most appropriate by the City' 1 A reduction in site development standards which may include any of the following: a. Minimum parking ratios, b Required setbacks, c. Minimum square footages, d One required recreational amenity 2. A reduction or substitution of construction materials or modification of architectural design requirements that lessen building costs overall. 3 Other regulatory incentives or concessions proposed by the developer or the City which could include a. Direct financial incentives, b Provisions of publicly owned land, c. Waiver of fees or dedication requirement. Regulatory concessions for this project are as follows " ',~ig !fi~[ffi1Sf;(~ ,'ti' . 'ffi ." . . . . . . .~ , . : ~. , Onsite Parking 190 spaces 131 spaces (2.5 spaces per unit) (1 7 spaces per unit Distance Between Buildings 15 feet minimum 13 feet minimum Private Storage Space 250 cubic feet 118 cubic feet minimum Street Side Yard Setback on Brighton 20 feet minimum 0-7 5 feet minimum Way Front Yard Setback on Edgemoor 20 feet minimum 15-foot minimum Street Project Recreational Amenity Swimmin Pool No Swimming Pool Landscape Planters in Parking Area One every 8-10 spaces Substitute Tree Wells Ordinance No 689 Page 9 Architectural Desiqn Development in the project area shall reflect architectural styles that incorporate design components and architectural elements that are consistent with the design guidelines of the Old Poway 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, the Old Poway Specific Plan, the General Plan, The Paguay Redevelopment Plan, and all other applicable codes, including the Poway Municipal Code and Building Code The building design should incorporate articulation of exterior walls and multi- planned, pitched roofs. The use of recessed doorways and windows, pop out wood 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 fayades should be designed to be consistent with the architectural style of the building and the design of the primary fayade 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 intrusion 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 EnerQV Efficiencv Every effort shall be made to build and operate the 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, and the maximum use of solar access to warm the buildings and the westerly breezes and open windows for cooling. Utilitv 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 Midland Road All cabinets and boxes shall be screened and designed to blend with the buildings and landscaping Ordinance No 689 Page 10 Affordability . Seventy-six of the 77 housing units within the Development shall be made available to Very Low income households, all at an affordable rent. One, non- rent restricted, market-rate unit shall be reserved to be occupied by the onsite 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 project 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 fora family of a size appropriate to the Housing Unit (as defined in Health and Safety Code Section 50053) . 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 VI. IMPLEMENTATION PROCEDURES The development of the land within the boundaries of this 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 permit. VII. ENVIRONMENTAL REVIEW Staff conducted an onsite 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 noise However, mitigation measures incorporated into the design of the project have reduced the potential impacts to a level of insignificance A Mitigated Negative Declaration was approved Ordinance No 689 Page 11 VIII. AMENDMENT PROCEDURES Any amendment, whether City-initiated or private, to Specific Plan 08-01, 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 M:\planning\OBreport\gpa\GPA 08-03- Brighton\GPA-ZC-SP-DR\Ordinance SP.docx