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Ord 22ORDINANCE NO. 22 AN ORDINANCE OF THE CITY OF POWAY,AMENDING SECTION 2140, et. seq. OF THE SANDIEGO COUNTY ZONING ORDIN- ANCE ADOPTED BY REFERENCE, ESTABLISHING A MAXIMUM DENSITY DESIGNATOR WITHIN URBAN RESIDENTIAL USE (R-U) THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DOES ORDAIN AS FOLLOWS: Section 1. The City Council finds: (a) The City has provided for its appropriate share of regional housing needs pursuant to the City of Poway General Plan. (b) As the City of Poway was incorporated on Dec- ember 1, 1980, specific housing programs have yet to be adopted. A plan considering housing needs of all economic segments of the City of Poway is desirable and will be adopted by this Council. (c) That current parking requirements on multi- residential developments have caused a public hazard on the City streets; that the adoption of this Ordinance will mitigate that hazard by providing for more space for parking purposes within multi- residential developments. By mitigating this public hazard, this Ordinance will promote the public health, safety and welfare. (d) In balancing the needs for multi-residential housing within the City against the impact of excessive multi-family developments upon public services, it is in the best interest of the City of Poway to reduce the previously allowed density designator to more equally balance the need as against the impact on those services. Section 2. (a) Notwithstanding any other provision of the San Diego County Zoning Ordinance, adopted by reference by the City of Poway, the maximum density designator for Urban Residential Use (R-U), section 2140, et. seq. of said Ordinance, shall be established as being 10.9 (dwelling units per acre). (b) Shouldapplicant propose construction of multi- family rental units, the maximum density designator may be 14.5.. Ordinance No. 22 Page Two (c) A Major Use Permit may be granted in this zone to allow for an additional 50 percent density bonus for housing for the elderly provided that: 1. Occupancy of all dwelling units on the lot or building site is limited to low and moderate income elderly families as defined by the U.S. Department of Housing and Urban Development Regulations. Tenant income eligi- bility shall be determined by the City Council or its designee. 2. No dwelling unit on a lot or building site subject to a use permit granted pursuant to this paragraph may be converted to condominium or cooperative ownership. 3. Rents for units constructed pursuant to this paragraph shall be affordable to low and moderate income elderly households. Maximum rents shall be defined in a contractual agree- ment between the developer and the City Council or its designee. 4. A finding must be made that the density increase permitted is commensurate with the social purpose served in terms of provision of affordable rents, and that the project does not create an undue concentration of low income households in an area. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 24th day of March , 1981 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 3]$t day of March , 1981 by the following vote: COUNCILMEMBERS: EMERY, ORAVEC, SHEPARDSON, TARZY, REXRODE AYES: NAYS: ABSENT: COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ATTE S T