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Ord 741 ORDINANCE NO. 741 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING SECTION 17.26.620 OF TITLE 17 OF THE POWAY MUNICIPAL CODE TO LIMIT THE TYPE OF APPLICATIONS REQUIRED FOR LOW AND MODERATE INCOME AFFORDABLE HOUSING DEVELOPMENTS AND ADDING ARTICLE VI AFFORDABLE HOUSING OVERLAY ZONE, SECTION 17.26.730 THROUGH 17.26.770, TO TITLE 17 OF THE POWAY MUNICIPAL CODE ESTABLISHING DEVELOPMENT STANDARDS FOR THE AFFORDABLE HOUSING OVERLAY ZONE (ZOA 12 -01) WHEREAS, Title 17 of the Poway Municipal Code (PMC) is known as the Zoning Ordinance and contains standards for development within the City, as well as standards to ensure the public's health, safety and welfare; and WHEREAS, to comply with State law PMC Section 17.26.620 requires amendments to limit the type of development applications that can be required for Low and Moderate Income Affordable Housing (AH- UAH -M) developments thereby reducing government constraints; and WHEREAS Sections 17.26.730 through 17.26.770 is added to include purpose, definitions, permitted uses, and development standards for Low and Moderate Income Affordable Housing; and WHEREAS, the proposed amendments (AH- UAH -M) will encourage and facilitate the development of Low and Moderate Income Affordable Housing in areas identified in the Housing Element that, in turn, implement strategies and programs of the Housing Element; and WHEREAS, on April 3, 2012, the City Council held a duly advertised public hearing to solicit comments from the public relative to this draft ordinance. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1: A Negative Declaration was approved on August 19, 2008, for the 2005 -2010 Housing Element Update (GPA 08 -01). As the placement of the Affordable Housing Overlay zones was a requirement of the Housing Element Update, the previously issued Negative Declaration adequately addresses any potential environmental impacts associated with this project. No additional environmental review is required per State CEQA guidelines. Section 2: PMC Section 17.26.620 of Title 17 of the PMC entitled "Administration" is amended to read as follows: 17.26.620 Administration. A. Applicability. The provisions established by this article apply to all applications for density bonuses and concessions and incentives made pursuant to Section 65915 of the California Government Code. Ordinance No. 741 Page 2 B. Application. All Affordable Housing projects proposing to utilize the density bonus, concession or incentive provisions of this article shall be required, at a minimum to submit a Development Review application. For Moderate Income Household projects, a Specific Plan shall also be required. A Development Review or Specific Plan shall be used to waive any development standards that would otherwise serve to prohibit the implementation of this article. The granting of a density bonus, concession or incentive consistent with this article shall not be interpreted, in and of itself, to require a General Plan Amendment, zoning change, or other discretionary approval. In addition to the standard application submittal requirements, the following additional information shall be provided with any density bonus request: 1. The total number of requested housing units above the amount allowed by the existing zoning and any additional incentives being requested. 2. The number of affordable units by number of bedrooms and income group to be provided by the project. 3. The term of affordability for the affordable units. 4. The standards for maximum qualifying incomes for affordable units. 5. The process to be used to verify tenant/homeowner incomes. 6. The process for monitoring the continued affordability of the units. 7. How vacancies will be marketed and filled. 8. Restrictions and enforcement mechanisms in the event of failure to maintain affordability provisions. 9. The type and justification for the specific concession(s) or incentive(s) the applicant is seeking, information regarding the concession(s) or incentive(s), and to request, if desired, to meet with the City regarding the concession or incentive request. 10. Any other provisions deemed necessary by the City. Section 3: Article VI entitled Affordable Housing Overlay Zone, consisting of Sections 17.26.730 through 17.26.770, is added to Title 17 of the PMC to read as follows: Article VI. Affordable Housing Overlay Zone 17.26.730 Purpose. The purpose of the Affordable Housing Overlay Zone is to establish a process and an area that will permit the construction of residential development at densities beyond that allowed by the current/underlying zone. The provisions of the overlay zone apply specifically to affordable housing. The intent of the Affordable Housing Overlay Zone is to: Ordinance No. 741 Page 3 1. Encourage the development of affordable housing that is compatible and complementary to its neighborhood context, is located near essential services and amenities, and allows for or encourages neighborhood walkability. 2. Provide various development incentives to encourage affordable housing that is consistent with State programs and the Housing Element of the Poway General Plan. 3. Ensure that adequate affordable housing is provided to very low, low, moderate, and above moderate income families consistent with the City's Regional Housing Needs Allocation (RHNA). 4. Provide the opportunity to preserve and cluster parcels that will assist in creating affordable housing while still permitting the property owner the ability to develop to the underlying zone. 17.26.740 Applicability. A. Affordable Housing Overlay Zone shall be applied to the areas and /or parcels identified in the Housing Element of the Poway General Plan. The list of overlay properties identified in the Housing Element may be modified by the City Council from time to time to meet future Regional Housing Needs Allocation unit requirements. B. The Affordable Housing Overlay designation may be attached to property within any land use category, including non - residential categories, but not in any zone that would conflict with City Proposition FF. C. The Official Zoning Map of the City of Poway shall at all times identify and include the location of areas and /or parcels subject to the Affordable Housing Overlay, and is further incorporated into this Article VI of Chapter 17.26 by this reference. 17.26.750 Definitions. "Affordable Housing -Low" (AH -L) means an overlay zone with housing unit densities of up to 30 dwelling units per acre and typically requires an income qualification of less than 80 percent of San Diego County's Area Median Income. The provisions of the AH -L apply specifically to affordable housing. Unless otherwise specified, all other development regulations shall comply with the standards of the underlying zoning as described in the PMC, and any applicable Specific Plans. "Affordable Housing- Moderate" (AH -M) means an overlay zone with housing unit densities of up to 30 dwelling units per acre and typically requires an income qualification between 81 and 120 percent of San Diego County's Area Median Income. Housing typically developed under this overlay is detached and /or attached single - family homes. The provisions of the AH -M apply specifically to affordable housing. Unless otherwise specified, all other development regulations shall comply with the standards of the underlying zoning as described in the PMC and any applicable Specific Plans. Ordinance No. 741 Page 4 Others related definitions are included by reference in Sections 17.26.100, 17.26.510 and 17.26.610. 17.26.760 Permitted Uses Permitted uses allowed within the AH -L or AH -M Overlay Zone includes multi - family residential, single - family, and attached single - family residential units. Permitted accessory uses shall be associated with the AH residential development and may include, but are not limited to, such amenities as community buildings, play grounds, tot lots, recreation areas, works of art, and gardens. 17.26.770 Development Standards A. Residential Projects developed under the provisions of this Chapter shall be designed and processed in the time and manner set forth below. 1. General Guidelines. The Affordable Units required under this Section: (i) may either be rental or for -sale dwellings; (ii) should be comparable in the number of bedrooms, exterior appearance and overall quality of construction to non - restricted units; (iii) should be of good quality and are consistent with contemporary standards for new housing; (iv) may be clustered or dispersed within a residential development and /or mixed use project; and (v) shall be designed to be aesthetically pleasing and consistent with the surrounding development and the City's architectural and design standards referenced in the Poway General Plan and /or relevant Specific Plan. 2. Development Criteria. • AH -L sites shall use the baseline development and performance standards consistent with the Residential Apartment (RA) zone with specific attention to Sections 17.08.080, 17.08.160, 17.08.200, 17.08.220, and 17.08.230. • AH -M sites shall meet the baseline development and performance standards consistent with the Residential Condominium (RC) zone with specific attention to Sections 17.08.070, 17.08.160, 17.08.200, 17.08.220, and 17.08.230. 3. Development Concessions. The type, nature and qualifications for the concessions shall be consistent with the standards set forth in Sections 17.26.680 through 17.26.720. B. Application Requirements. Properties carrying the AH -L or AH -M designator may be developed either according to the underlying zoning or by the development standards established for the Affordable Housing Overlay Zone. 1. For properties carrying the AH -L designator, densities of up to 30 dwelling units per acre shall be allowed. The actual number of dwelling units proposed on each AH -L designated parcel is identified in the Housing Element. The project shall require the submittal of a Development Review Application. The Ordinance No. 741 Page 5 project shall comply with the related development standards contained within this Chapter and relative sections of the Development Code. 2. For properties carrying the AH -M designator, densities of up to 30 dwelling units per acre shall be allowed. The project shall require the submittal of a Development Review application. A Specific Plan must also be prepared for each area carrying the AH -M designator. The Specific Plan must specify the income group or groups being targeted by each allowed density and development concession. The Specific Plan must also include conditions that permit the parcel(s) to develop to higher densities, including guarantees of affordability to the specified income categories and any design criteria necessary to ensure compatibility with surrounding development. The actual number of dwelling units proposed on each AH -M designated parcel is identified in the Housing Element. 3. All projects shall provide trash and laundry facilities adequately sized and located to serve the needs of residents as provided in PMC 17.08.200 and 17.08.220. 4. All projects which do not have an onsite manager shall provide a posted phone number of the project owner or offsite manager for emergencies or maintenance problems. C. As long -term operation and maintenance costs directly affect rental costs, solar power, low -flow water devices, and energy- efficient building material and lighting shall be incorporated into each new AH -L and AH -M project to the maximum extent economically and aesthetically feasible. Exterior landscaping shall also be designed to be low- maintenance and drought tolerant. D. For safety purposes no building, except as hereafter provided, shall be located closer than five feet from any interior vehicular or pedestrian way, court, plaza, open parking lot, or any other surfaced area reserved for public use or for use in common by residents of the planned development. Such setback shall generally be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right -of -way or private road easement. E. All public streets within or abutting the planned development may be dedicated and shall be improved to City specifications for the particular classification of street. When the developer desires to retain any streets within the development as private streets, such streets shall be irrevocably offered for dedication and maintained for their intended purpose by means acceptable to the City Council. Other forms of access, such as pedestrian ways, courts, plazas, driveways, or open parking lots shall not be offered for dedication. Ordinance No. 741 Page 6 F. On site resident amenities shall be provided with each AH -L or AH -M development and shall include, but not be limited to, community buildings, common open space areas, tot lots or playgrounds, outdoor barbeques, and family picnic areas. G. Where feasible, each unit shall include patios or balconies and a minimum of 250 cubic feet of lockable enclosed storage space unless individually waived by the City Council. H. The parking requirements for each unit shall initially be based on the parking standards set forth in Section 17.08.160 of the PMC. Concession from these standards may be granted by the City Council pursuant to Section 17.26.690 of the PMC. Section 4: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. Introduced and first read at a Regular Meeting of the City Council of the City of Poway held the 3rd day of April 2012, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 17th day of April 2012. • Don Higginson, Ma ATTEST: L : a A oy- ' , MMC, City Clerk Ordinance No. 741 Page 7 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 741, was duly adopted by the City Council at a meeting of said City Council held on the 17th day of April 2012, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE da . Troyan, MMC, City Clerk City of Poway