Housing Element Update - 3 - Constraints
DRAFT April 2013 Housing Element Update | Page 3-1
Chapter 3
Constraints
An important goal for the City of Poway is the provision of an adequate supply and range of
housing opportunities. Market, governmental, infrastructure, and environmental factors may
constrain the provision of adequate and affordable housing. These constraints may result in
housing that is not affordable or available to low and moderate income and special needs
households, or may render residential construction economically infeasible for developers.
Actual or potential constraints to the provision of housing affect the development of new housing
and the retention of existing units for all income levels. Both governmental and non-
governmental constraints can affect the cost, supply, and demand for housing. Governmental
constraints can include such factors as government land use controls and development
standards, while non-governmental constraints would encompass factors such as market
mechanisms, physical or environmental constraints, and the health of the economy. This
chapter addresses those constraints that are relevant to the people who live and work in Poway.
A. Governmental Constraints
The intent of local government regulations is to protect public health and safety and ensure a
decent quality of life for the community. The City’s General Plan supports the community's
desire to retain Poway’s rural character. The City’s basic land use philosophy is that the
majority of future development in the City should be single-family residential development.
Within the framework of this broad philosophy, the City also attempts to fulfill its responsibility
under state law to accommodate its share of the countywide housing need for all income
groups.
Local policies and regulations can affect the cost and availability of housing and, in particular,
the provision of housing affordable to low and moderate income households. Land use controls,
site improvement requirements, fees and exactions, permit processing procedures, and other
factors can constrain the development, retention, and improvement of housing. This section
discusses potential governmental constraints as well as policies that encourage housing
development in Poway.
State and federal regulations also affect the availability of land for housing and the cost of
producing housing. Regulations related to environmental protection, prevailing wages for
publicly assisted construction projects, construction defect liability, building codes, and other
topics have significant, often adverse impacts on housing cost and availability. Perhaps one of
the greatest constraints to the production of housing affordable to lower-income households is
the chronic shortage of State and federal financial assistance for such housing.
While constraints exist at other levels of government, the City has little or no control over these
regulations and no ability to directly mitigate their effects on housing. This section of the
Housing Element, therefore, focuses only on policies and regulations that can be mitigated by
the City.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-2
1. General Plan Land Use Policies and Categories
Poway’s land use policies and development regulations are set forth primarily in three
documents: the Land Use Element of the General Plan, the Zoning Ordinance, and the
Subdivision Ordinance. The Land Use Element contains the majority of City policies that guide
residential development, although other elements of the General Plan (Circulation, Safety,
Conservation, Open Space, and Noise) also affect land uses to varying degrees. General Plan
policies are implemented through several local ordinances, primarily the Zoning and Subdivision
ordinances. Other City ordinances, such as those relating to health and safety and noise, also
affect land uses to a lesser extent. This section focuses on the General Plan land use
categories and their relationship to the City’s zoning districts.
Table 3-1 summarizes the general land use and corresponding residential zones. The next
section describes these zones in greater detail.
Table 3-1
Land Use Categories Permitting Residences
Land Use Zoning Density
(du/ac)
Minimum Net
Lot Area
Typical Residential
Types(s)
Very Low
Density
RR-A, RR-B &
RR-C
0.25 - 1 units/
acre 1-40 acre Rural single-family
detached homes
Low Density RS-1 & RS-2 2 units/ acre 20,000 sq. ft. Single-family
detached homes
Low/ Medium
Density RS-3 3 units/ acre 15,000 sq. ft. Single-family
detached homes
Medium Density RS-4 4 units/ acre 10,000 sq. ft. Single-family
detached homes
Medium/ High
Density RS-7 8 units/ acre 4,500 sq. ft. Single-family detached or
attached homes
High Density
RC 12 units/acre 2 acres Single-family
attached homes
RA 20 units/acre 3 acres Multi-family homes or
apartments
Commercial MU, CO, CB, TC,
and CG -- -- Apartments on top of or
adjacent to commercial
Source: City of Poway, 2012.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-3
Ordinance No. 283
In November 1988, the voters of Poway adopted an initiative (Proposition FF) that requires a
vote of the people before lands in the rural residential, open space, and planned community
categories can be re-designated to a denser category or before any changes can be made to
slope or other criteria that would result in the allowance of greater density. Proposition FF was
enacted by the City Council as Ordinance 283. The Ordinance affects the City Council's ability
to rezone land to densities that are compatible with the development of affordable housing or to
attach the Affordable Housing (AH) overlay to parcels in these categories.
The vacant land covered by Proposition FF is primarily environmentally sensitive, steeply
sloping land at the edge of the urban area (Figure 3-1). It has been identified as regionally
important open space under the Multiple Species Conservation Plan. As such, it would not be
an appropriate location for higher density housing. Most land with access to sewers, City water,
and public transportation, including the sites identified for lower and moderate income housing
in the new Residential Sites Inventory in Table 4-4 in Chapter 4, are not located within the area
subject to the provisions of Proposition FF. As a result, Proposition FF will not impact the City’s
ability to meet its obligation to provide adequate sites to accommodate its fair share of regional
housing needs for lower and moderate income households.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-4
Figure 3-1
Proposition FF Lands Residences
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-5
2. Zoning Standards
Zoning ordinances establish the amount and distribution of different land uses within Poway,
while subdivision regulations establish requirements for the division and improvement of land
and associated easements and right-of-ways.
Residential uses in Poway are permitted in a number of zones. The Zoning Ordinance identifies
eight residential zones, five commercial zones that permit residential uses, and a mixed-use
zone, which also allows residential uses. Table 3-1 above groups these zones by the
generalized land use category.
The RR-A, RR-B, and RR-C Rural Residential zones are areas of very low-density residential
uses with minimum lot sizes ranging from 40 net acres to one net acre and maximum densities
of one unit per acre. These zones are regulated by special Ordinance No. 283 (Prop FF), which
was described previously in this chapter.
The RS-1, RS-2, RS-3, RS-4 and RS-7 zones are intended for single-family residential uses.
RS-1 is a low-density residential designation, which allows for single-family housing at a density
of one dwelling unit per net acre of land. RS-2 is also a low-density residential designation but
allows for single-family residential development at densities of two units per net acre. The RS-3
low to medium-density residential designation allows for single-family residential development
with minimum lot sizes of 15,000 square feet and a maximum density of three units per net acre.
The RS-4 zone is intended as a medium-density area for single-family residential development
on minimum lot sizes of 10,000 square feet and maximum densities of four units per net acre.
The RS-7 medium to high density zone is intended as an area for single-family residential
development on minimum lot sizes of 4,500 square feet and a maximum density of eight units
per net acre.
The Residential Condominium (RC) zone permits up to 12 units per acre, and the Residential
Apartment (RA) zone permits up to 20 units per acre. In addition to these residential zoning
designations, the City also allows multi-family residential development in several commercial
zones: Mixed Use (MU); Commercial Office (CO); Community Business (CB); Town Center
(TC); and Commercial General (CG). The Zoning Ordinance currently does not have
development standards for residential uses in the commercial zones. The City is currently
evaluating development standards for mixed use projects. The Zoning Ordinance will be
amended in the future to include appropriate development standards within these zones. The
use of a specific plan in commercial and mixed use zones will be used to establish development
standards as well.
The City regulates the type, location, density, and scale of residential development primarily
through its Zoning Ordinance. Zoning regulations are designed to protect and promote the
health, safety, and general welfare of residents as well as implement the policies of the General
Plan. The Zoning Ordinance also helps preserve the character and integrity of existing
neighborhoods.
The development standards described in Table 3-2 can affect the ability of landowners to
construct and maintain housing. The following section examines each of the standards and
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-6
reaches conclusions regarding their impact, if any, on housing within Poway.
Residential Density: The Poway General Plan allows for residential densities ranging from less
than one dwelling unit per acre up to 20 dwelling units per acre. Densities are set forth in the
General Plan as well as the Zoning Ordinance. Based on the City’s experience with acquiring
sites for affordable housing, increasing baseline residential density is not an effective way to
provide affordable housing. The City has found that as allowable density increases, land value
also increases, making it more difficult for the City and affordable housing developers to acquire
sites. As discussed below, the Density Bonus and an Affordable Housing Overlay Zone (AHOZ)
provide the opportunity to increase density while eliminating potential for land speculation and
ensuring the provision of affordable housing.
Lot Size: The Zoning Ordinance sets minimum lot sizes for residentially zoned properties. The
minimum lot size for residential zones varies from 4,500 square feet in the RS -7 zone to four
acres for the RR-A zone (all based on slope criteria). Minimum lot sizes within the RC and RA
zones are two and three acres, respectively. If an existing lot does not conform to the minimum
lot size, a single unit can still be constructed if other requirements, such as setbacks, are
maintained or a variance is granted. It is important to note that the RC and RA zones do not
allow single-family dwellings.
Yards and Setbacks: Yard and setback requirements established in Poway's Zoning Ordinance
range from 18 to 40 feet for front yards, zero to 20 feet for side yards, and 15 to 50 feet for rear
yards. Exceptions exist for corner lots, with setbacks increasing for homes adjacent to two
streets. In the RC and RA zones, any building exceeding 15 feet in height must be setback 50
feet from any single-family zone, while buildings less than 15 feet in height must maintain a
minimum setback of 25 feet from any single-family zone to provide for an adequate buffer
between uses. Landscaping is also required to buffer RC and RA lots adjacent to single-family
zones. These setback requirements are similar to those of many communities, and do not pose
a significant constraint to housing development.
Building Coverage: The City imposes reasonable limits on building coverage. In the RR-A, RR-
B, RR-C, RS-1, RS-2, RS-3, and RS-4 zones, 35 percent of the lot may be covered by one-story
buildings. In zone RS-7, 50 percent of the lot may be occupied by buildings. In RC and RA
zones, the maximum coverage is 40 percent. With consideration of minimum lot sizes in each
of these zones, this coverage allowance is sufficient to accommodate the range of permissible
densities within each zone on most lots. There are approximately two to three square miles of
RS-7 land in Poway, most of which is in already developed areas. There is more RS-7 land
than there is land in the RS-1, RS-2, RS-3, and RS-4 zones individually, and less RS-7 land
than there is land in the RR-A and RR-C zones individually. The amount of land in the RS-7
zone is comparable to the amount of land in the RR-B zone. While the RS-7 zone allows for
greater lot coverage than the other zones, much of the land in t his zone is already developed.
Much of the undeveloped land in Poway is in the RR-A zone.
Affordable housing is most feasible in the RS-7 zone due to the zone’s larger minimum lot size
and larger maximum lot coverage, the availability of water and sewer and appropriate streets.
The relative lack of available land in this zone constitutes a constraint.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-7
Building Height: Zoning standards allow for residences up to 35 feet or two stories in height,
whichever standard results in a lower height, in all residential zones and other zones that permit
residential uses. The Solara project is an example of a development that achieved a density of
22.4 units per acre within the height limit. Many other projects built in recent years including
Hillside Village and Brighton Place have achieved higher densities within the height limit as well.
In preliminary workshops regarding the future Monte Vista development, the City Council
expressed a willingness to allow 3 stories within the 35 feet height limit for portions of the
development. Therefore, the height limit does not constrain property owners’ ability to achieve
maximum densities in any residential zone on regular shaped lots.
Parking: Two off-street parking spaces per unit are required for RR-A, RR-B, RR-C, RS-1, RS-
2, RS-3, RS-4, and RS-7 zones. Parking must be provided within the same lot as the main
building or structure. For residential uses, parking cannot be located in required front or side
yard setback areas. Based on review of parking standards from other jurisdictions in the region,
Poway’s parking requirements for single family units are consistent with other jurisdictions.
Parking standards vary by unit size within the RC and RA zones. In the RC zone, 1.75 spaces
per one-bedroom unit, 2.25 spaces per two-bedroom unit, and 3.0 spaces per three-bedroom
unit are required. Requirements within the RA zone are less stringent, demanding 1.5 spaces
per one-bedroom unit, 2.25 spaces per two-bedroom unit, and 2.75 spaces per three bedroom
unit.
Poway’s parking standards for one-bedroom multifamily units are lower than standards for
similar units in other San Diego region jurisdictions. Moreover, the City’s requirements for two -
bedroom multifamily units are highly comparable to the requirements of its neighbors. However,
the requirements for multifamily units with three or more bedrooms are substantially higher in
comparison to other jurisdictions in the region.
An example of the City’s flexibility in applying parking standards is the Affordable Housing
Overlay Zone (AHOZ). This zone may be applied in areas near services and public
transportation, which enables lower income households to be less auto-dependent and can also
allow a reduction in the required parking while increasing development density. The City has
demonstrated a willingness to reduce these standards where appropriate to facilitate the
development of affordable housing. For example, the Solara development, built in 2007, was
approved with a 30 percent reduction in parking. Without this reduction, the 56-unit project for
low and very low income households would have required 130 parking spaces, but the project
was approved with a 90-space requirement.
Affordable Housing Overlay Zone (AHOZ): To provide adequate sites for affordable housing
development and to ensure that any increased densities allowed are used for the provision of
affordable housing, an Affordable Housing Overlay Zone (AHOZ) was established in the Zoning
Code for Low Income (AH-L) and Moderate Income (AH-M) households. This included
providing flexible development standards that will allow the densities up to 30 dwelling units per
acre. Placement of an AHOZ designation was completed in 2012 on six (6) publicly-owned
sites. An AHOZ may be applied to property within any land use category, including non-
residential categories, but not including the Open Space or Rural Residential categories.
Additionally, AHOZ development standards allow for development concessions consistent with
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-8
density bonus regulations.
The Poway Municipal Code (PMC) was amended in 2012 to provide development incentives on
AHOZ sites to encourage affordable housing that is consistent with State law. As described
above, development standards include allowing densities up to 30 dwelling units per acre on
properties that have the AHOZ applied on them. These properties may also be designed as
part of a mixed use development as described in Chapter 4. AHOZ properties that include Very
Low and Low Income households (AH-L) will use development and performance standards
consistent with the Residential Apartment (RA) zone. AHOZ properties that include Moderate
Income Households (AH-M) will use development and performance standards consistent with
the Residential Condominium (RC) zone. Waivers or reduced standards, incentives and
concessions may also be applied to AHOZ sites and shall be consistent with density bonus
provisions as stated in PMC 17.26.680 through 17.26.720. As described under the parking
section above, reduced parking standards were included in the Solara affordable housing
development, built in 2007. Under application of density bonus provisions, reduced parking
standards are provided at the following rate - zero to one bedroom dwelling unit: one on-site
parking space; two to three bedrooms: two on-site parking spaces; and four or more bedrooms:
two and one-half parking spaces. Where appropriate, the City will continue to consider reduced
parking standards. Other development standards for AHOZ sites include: street design
standards to be consistent with City specifications; provision of on-site amenities such as
community buildings, common open space areas, tot lots or playgrounds, outdoor barbeques,
and family picnic areas and incorporation of seating areas such as patios or balconies at
individual units.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-9
Table 3-2 summarizes the relevant residential development standards for both single-family and
multifamily residential development established in Title 17 of the Poway Municipal Code.
Table 3-2
Residential Development Standards
General Requirements
RR-A
RR-B
RR-C
RS-1
RS-2 RS-3 RS-4 RS-7 RC RA
Density – Max. dwelling units per acre 0.25 - 1.0 2.0 3.0 4.0 8.0 12.0 20.0
Minimum Lot Size 40 acre -
1.0 acre
20,000
sq. ft.
15,000
sq. ft.
10,000
sq. ft.
4,500
sq. ft. 2 acres 3 acres
Lot width
Standard
Cul-de-sac or odd-shaped lot width
Flag lots
110 ft.
30 ft.
20 ft.
100 ft.
30 ft.
20 ft.
80 ft.
30 ft.
20 ft.
70 ft.
30 ft.
20 ft.
50 ft.
30 ft.
20 ft.
135 ft. - corner
165 ft.- interior
--
--
Lot depth 150 ft. 150 ft. 100 ft. 100 ft. 80 ft. 135 ft.- corner
165 ft. -interior
Front yard setback 40 ft. 30 ft. 25 ft. 25 ft. 18 ft. 20 ft. 20 ft.
Side yard setback each side 20/20 ft. 15/15 ft. 10/10 ft. 10/10 ft. 0/10 ft. 15/15 ft. 15/15 ft.
Side yard, setback street side 20 ft. 15 ft. 10 ft. 10 ft. 10 ft. 20 ft. 20 ft.
Rear yard setback 50 ft. 40 ft. 40 ft. 25 ft. 20 ft. 15 ft. 15 ft.
Lot coverage, maximum 35% 35% 35% 35% 50% 40% 40%
Building and structure height (maximum
in feet)
35 ft. or 2 stories, whichever is less or as expressly authorized
pursuant to an adopted specific plan
Parking spaces per unit (garages are
required in all residential zones except
the RA zones)
2 2 2 2 2 * **
Distance between buildings, not
exceeding 15 ft. in height – – – – – 15 ft. 15 ft.
Distance between building, where one
or more exceed 15 ft. in height – – – – – 25 ft. 15 ft.
Source: City of Poway, 2012.
Notes:
*1.75 spaces (1 garage)/1 bedroom unit; 2.25 spaces (1 carport)/2 bedroom unit; 3.00 spaces (2 garages)/3 bedroom or
larger unit
** 1.5 spaces (1 carport)/1 bedroom unit; 2.25 spaces (1 carport)/2 bedroom unit; 2.75 spaces (1 carport)/3 bedroom or
larger unit
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-10
3. Permitted Residential Uses
Housing Element law requires jurisdictions to identify adequate sites through appropriate zoning
and development standards to encourage the development of various types of housing for all
economic segments of the population. The City implements this State law requirement through
zoning standards for various types of housing. Residential types analyzed below include single-
family dwellings, second dwelling units, manufactured housing, mobile home parks, special
needs housing, residential care facilities, multi-family dwellings and mixed-use.
Single-Family Dwellings: Detached single-family dwelling units are permitted in all residential
zones.
Second Dwelling Units: Second dwelling units, also referred to in the Zoning Ordinance as
accessory apartments, may be located on the same lot as an existing single-family dwelling
except in those areas of the City determined by resolution of the City Council to be inappropriate
for second units. A resolution determining in which areas second units are not allowed is
adopted annually by the City. The resolution designates areas of the City without adequate
water, sewer, or other municipal services for second units or in which second units would have
a significant adverse impact upon traffic flow. Second living units in these areas are not
permitted. The resolution contains the criteria used to judge whether infrastructure in an area is
sufficient to support second dwelling units and discusses which areas are not served to this
level. The City Council then votes on the resolution, and it becomes law for another year once
the previous resolution expires; when the City council votes down the resolution, the resolution
must be modified accordingly and returned to the City Council in due time to replace the
previous year’s resolution. As a result of the update to the Transportation Element in 2010,
second dwelling units are now permitted in larger areas of the City. In all other residential areas
not designated as unfeasible for second dwelling units, they may be permitted where the
following standards are met:
1) Approval of a building permit in accordance with Title 15 of the Poway Municipal Code;
2) Does not exceed one story in height unless it is contained within or is an addition to a two-
story primary dwelling unit;
3) Complies with all the development regulations for residential zones, including those
pertaining to lot coverage and setbacks;
4) One additional on-site covered parking space shall be provided; and
5) The floor area does not exceed 25 percent of the floor area contained in the primary unit
(not including garage area) or 1,500 square feet, whichever is less.
The City’s standards for second dwelling units do not constitute a constraint on the provision of
this type of housing.
Manufactured Housing: Manufactured homes certified under the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.)
installed on a foundation system pursuant to Section 18551 of the California Health and Safety
Code on individual lots are treated as a standard single-family residential development. No
additional standards required for approval or construction of units. The City’s standards for
manufactured housing do not constitute a constraint on the provision of this type of housing.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-11
Mobile Home Parks: The City's Zoning Ordinance permits mobile home parks in all residential
zones with the granting of a Conditional Use Permit subject to development standards
described in the Mobile Home Park (MHP) Zone. The (MHP) zone only allows mobile home
parks and very limited other uses. Requirements for mobile home parks include the submittal of
a preliminary drainage plan, undergrounding of all utility lines, four to six foot fencing
surrounding the development, and street signs at all intersections. Additional requirements
include 400 square feet of open recreational area for each mobile home space, onsite laundry
facilities, and supplemental parking for large items (boats, RVs, trailers) at a rate of one space
per 10 mobile home lots. Required parking for residents is identical to the requirements for
multifamily residential development, which requires two spaces per dwelling unit (one space for
one-bedroom units), plus 0.5 spaces per unit for guest parking.
The development standards for mobile home parks are consistent with the health and safety
needs of residents of the community and surrounding developments, and are not overly
burdensome or restrictive. These standards allow for development of mobile home parks in
most zones and offer flexibility in design and scale of development. These restrictions are not
considered a constraint to the production of mobile home parks. Requirement of a Conditional
Use Permit is consistent with State law. The City’s standards for mobile home parks do not
constitute a constraint on the provision of this type of housing.
Residential Care Facilities: Residential care facilities are facilities of any capacity that provide
24-hour non-medical care for those who are unable to provide f or their own daily needs.
Residents may be physically handicapped, developmentally disabled, and/or mentally disabled.
Licensed residential care facilities serving six or fewer persons are included in the City’s
definition of “family” and are therefore permitted in all residential zones in accordance with the
provisions of State law. Licensed residential care facilities for seven to 15 persons are
conditionally permitted in the RS-2, RC, and RA zones. The City’s standards for residential care
facilities do not constitute a constraint on the provision of this type of housing.
Special Needs Housing: State law requires that cities identify sites that are adequately
zoned for the placement of special needs housing. Additionally, cities must not unduly
discourage or deter these uses. The City will continue to comply with the provisions of Senate
Bill 2 as it pertains to special needs housing.
Emergency Shelters: An emergency shelter is a facility that provides shelter to
homeless families and/or homeless individuals on a limited short-term basis. The
Zoning Ordinance permits homeless shelters as a Temporary Use in all residential and
commercial zoning districts. The City’s zoning ordinance does not include any
discretionary review process for homeless shelters or transitional housing. In addition,
the Poway City Council has waived the fees associated with the Temporary Use Permit
process for Emergency Shelters in Poway. Religious facilities have used this provision
in the past to provide temporary homeless shelters during inclement weather. Because
many religious facilities have halls with kitchen and restroom facilities, they are able to
serve as inclement weather housing without structural modification.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-12
The City participates in the North County Regional Winter Shelter Program to provide
shelter, case management and social services to homeless persons. The program
includes permanent and rotating/temporary sites.
Homeless Shelters: To comply with the Senate Bill 2, local governments must identify
one or more zoning districts that allow year-round homeless shelters without
discretionary review. The identified zone must have sufficient capacity to accommodate
at least one year-round shelter and accommodate the City’s share of the regional
unsheltered homeless population. Program 16 and 17 in Chapter 6 will require the City
to amend its Zoning Code within one-year of adoption of the Housing Element to
explicitly address compliance with SB 2 and homeless shelters. Objective development
and management standards will be established in the Zoning Code including:
The maximum number of beds or persons permitted to be served nightly by the
facility.
Off-street parking based on demonstrated need.
The size and location of exterior and interior on-site waiting and client intake
areas.
The provision of on-site management.
The proximity to other homeless shelters provided that shelters are
not required to be more than 300 feet apart.
Length of stay.
Lighting.
Security during hours that the homeless shelter is in operation.
The City will permit homeless shelters by right, without discretionary review within the
Residential Apartment (RA) Zone consistent with State law. RA zones are located in
several areas around the City. Many properties zoned RA are located along transit
corridors and are in proximity to community services, employment areas and shopping
centers. Several parcels in the RA zone are underutilized and can be redeveloped in the
future to include a year-round homeless shelter to accommodate the City’s homeless
population. There are also RA zoned properties containing existing residential
developments that can be modified to add a year-round homeless shelter to accommodate
the City’s homeless population, as required by State law.
Transitional and Supportive Housing: This type of housing (including Single Room
Occupancy) is defined in Section 50675 of the State Government Code in the definition
of “Family” and “Household.” Senate Bill 2, which took effect in January 2008, sought to
ensure that local governments do not unreasonably deny approval for transitional
housing or supportive housing and clarifies that jurisdictions must treat transitional
housing and supportive housing meeting the Health and Safety Code definition of
regular housing in the same manner as any other residential use within the same zone.
Currently, the City’s Zoning Ordinance does not directly address supportive housing.
Transitional Housing is a type of supportive housing used to facilitate the movement of
homeless individuals and families to permanent housing. The time frame for Transitional
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-13
Housing is typically at least six months. This housing type can be similar to group
quarters with beds, single family homes and multi-family units, but may also include
supportive services to gain necessary skills with the goal of independent living.
Supportive housing links the provision of housing and social services for the homeless,
people with disabilities, and a variety of other special needs populations. State law
defines “supportive housing” as housing with no limit on length of stay, that is
occupied by low income persons with disabilities, including developmental disabilities,
and that is linked to on-site or off-site services that assist the supportive housing
resident in retaining the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community (California Health and
Safety Code Section 50675.2).
State law also requires that local governments do not unreasonably deny approval for
transitional housing or supportive housing and clarifies that jurisdictions must treat
transitional housing and supportive housing in the same manner as any other residential
use within the same zone. Transitional and supportive housing are considered
residential uses. As such, they are allowed in all zones allowing residential uses subject
only to the same standards that apply to the same type of housing in the same
zone. Currently, the City’s Zoning Ordinance does not directly address supportive
housing. The Zoning Code will be amended to specifically define Transitional and
Supportive Housing.
Single Room Occupancy (SRO) Units: SRO units are one-room units intended for
occupancy by a single individual. They are distinct from a studio or efficiency unit, in
that a studio is a one-room unit that must contain a kitchen and bathroom. Although
SRO units are not required to have a kitchen or bathroom, many SROs have one or the
other. The City’s Zoning Code allows SRO’s, along with hotels and motels, in certain
commercial zones subject to the same development standards as other residential uses
in Poway’s commercial zones. The City will amend its Zoning Code to clarify the definition
of Single Room Occupancy and facilitate the provision of SRO’s pursuant to AB 2634
(Housing for Extremely Low Income Households).
In past years, the City has worked with local service organizations to provide transitional and
other special needs housing units within the City. Currently, the City provides four (4)
transitional and eight (8) special needs housing units. Despite the City’s demonstrated ability to
provide transitional housing units, the Zoning Ordinance does not explicitly identify zones where
these facilities are permitted or conditionally permitted. Pursuant to Program 16 in Chapter 6,
the City will revise its Zoning Ordinance to address the provision of special needs housing.
Agricultural Worker Housing (Employee Housing Act)
Pursuant to the State Employee Housing Act (Section 17021.5 and 17021.6 of the Health and
Safety Code), employee housing for agricultural workers consisting of no more than 36 beds in
a group quarters or 12 units or spaces designed for use by a single-family or household is
permitted by right in an agricultural land use designation. Any employee housing providing
accommodations for six or fewer employees shall be deemed a single-family structure within a
residential land use designation, according to the Employee Housing Act. Employee housing
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-14
for six or fewer persons is permitted wherever a single-family residence is permitted. To comply
with State law no conditional use permit, variance, or other permit can be required for employee
housing that is not required for a single-family residence in the same zone.
The City has no agricultural zones. The City’s Zoning Ordinance permits agricultural uses in the
all residential zoning districts. The City will amend the Zoning Ordinance to add a definition for
agricultural housing as well as clarify the provision for agricultural worker housing in the City’s
residential zones pursuant to State law.
Multifamily Units: Multifamily units are permitted in the RC and RA zones. Rental multifamily
housing is a permitted use in both zones, but condominiums are only permitted in the RC zone.
Condominium conversions are conditionally permitted in the RC zone. The RC zone has a
maximum of 12 units per acre and a minimum lot size of two acres, while the RA zone has a
maximum of 20 units per acre and a minimum lot size of three acres. The RC zone also has
slightly higher minimum parking requirements per unit. In both zones, uses that “are
complimentary to, and can exist in harmony with” the primary use of each zone are permitted,
including single family dwellings. The allowance of multi-family rental housing in the RC zones
prevents the existence of this zone from being a constraint on multi-family rental housing.
Mixed Use: Residential uses are conditionally permitted within the Mixed-Use (MU) and other
commercial zones (CO, CB, TC, and CG). The Zoning Ordinance does not include specific
standards on the type and density of residential uses within these zones. This may be a
constraint on residential development in mixed use developments. The City will study these
zones and update the Zoning Ordinance to include appropriate development standards for
mixed use development (see Program 16 in Chapter 6). The use of specific plans in
commercial zones and the MU zone may also include specific development standards for
residential uses within those zones. There has been little to no residential development in
commercial zones in Poway in the past, so there is no precedent on which the City can base
standards for current or future development of this nature.
Table 3-3 shows the permitted residential uses for each zoning designation. Residential uses
are permitted where the symbol “P” appears and subject to a conditional use permit where the
symbol “C” appears. Where the symbol “X” appears the use is prohibited. A use that is not listed
is not permitted.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-15
Table 3-3
Housing Types by Zone Category
Residential Uses
RR-A through C,
RS-1, RS-3
through 7
RS-
2 RC RA
MHP MU,
CO
CB, TC,
CG
Single-family dwellings P P P P X X X
Second dwelling units P P P P X X X
Manufactured homes P P P P X X X
Mobile home parks C C C C P X X
Group residential X X C C X C X
Residential care facilities (6 or fewer
persons) P P P P
X
n.a. n.a.
Residential care facilities (7 to 15 persons) X C C C X X X
Multi-Family dwellings:
Rental
Individual unit ownership
Condominium conversions
X
X
X
X
X
X
P
P
C
P
X
X
X
X
X
n.a.
n.a.
n.a.
n.a.
n.a.
n.a.
Mixed-Use X X X X X C C
Temporary Uses (Emergency Shelters) P* P* P* P* P* P* P*
Source: City of Poway, 2012
Note: *Requires a Temporary Use Permit (TUP)
4. Site Improvement Standards
Site improvements and property dedications are important components of new development.
The following list summarizes required dedications for new subdivisions:
Reservation of sites by the subdivider on or off of the subdivision site for parks,
recreational facilities, libraries, or other public uses. Where a park, recreational facility,
fire station, library, or other public use is shown on an adopted specific or general plan,
adequate sites must be reserved in accordance with applicable policies and standards.
Dedication for streets, alleys, drainage and water easements, public utility easements,
easements for recreation trails, equestrian trails, open space, sewers, bicycle paths, and
transit facilities (including bus turnouts, benches, shelters, and landing pads). The need
for trail dedications is determined by designated trail connections included in the
Transportation Element of the General Plan, amended in 2010 and 2012.
Dedication of parkland at a ratio of five acres per 1,000 residents or payment of in-lieu
fees (or a combination of both) sufficient to acquire five acres per 1,000 residents,
consistent with the Quimby Act. Land for the park must be conveyed directly to the City
prior to or concurrent with final map/parcel map approval. A ratio of five park acres to
every 1,000 residents, in accordance with the adopted Park and Recreation Element of
the City’s General Plan is used to compute the amount of land to be dedicated.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-16
Dedicated parkland must be at least two acres and include at least four of the following
amenities: Children’s Play Apparatus Area, Landscape Park-like and Quiet Areas,
Family Picnic Area, Game Court Area, Turf Playfield, Swimming Pool (42 feet by 75 feet
with adjacent deck and lawn areas), Recreation Center Building. The following formula
is used to calculate the fee for each proposal: Fee per dwelling unit = (total cost for year
for parks & recreation development) divided by (General Plan’s designated ultimate
population minus current population; difference divided by average population per
dwelling unit.) At the time of filing a tentative tract map or a tentative parcel map for
approval, the City determines whether dedication of property for park and recreational
purposes or in-lieu fees are necessary. If the City desires dedication, the area is
designated on the tentative tract map or tentative parcel map when deemed complete for
submission. The City Council determines whether to require land dedication, payment
of fee in lieu thereof, or a combination of both, by consideration of the following:
Parks and recreation element of the general plan;
Topography, geology, access and location of land in the subdivision
available for dedication; and
Size and shape of the subdivision and land available for subdivision
Improvements required of new subdivisions are summarized as follows:
Improvement of public and private streets to provide suitable access and traffic
circulation, including the construction and paving of streets, alleys, paths, accessways,
private streets and easements, and the construction of sidewalks, curbs and gutters,
driveway approaches, transitions and other street work appurtenant thereto, and the
execution of a Road Maintenance Agreement covering the maintenance of all non-
dedicated streets and accessways;
Sewerage system, consisting of either a gravity sanitary sewerage system or a septic
system (approved by the County Health Department), to provide adequate collection of
waste from each lot, parcel, or structure within the area being divided or developed;
Water supply system, capable of supplying adequate supplies of potable water, either
from the City’s water system or from domestic wells;
Fire protection system, consisting of hydrants and appurtenances, including storage
tanks capable of providing fire protection to the lots, parcels and structures;
Storm drain systems, capable of adequately collecting and disposing of storm runoff to
protect the area of development from flooding, inundation, and damage caused by
erosion or sedimentation;
Street lighting system;
Traffic control and warning signs, pavement striping and markings;
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-17
Traffic signal facilities, including controllers, sensors, safety lighting and interconnecting
facilities and appurtenances;
Landscaping and irrigation facilities and improvements in conjunction with highway
slopes, median islands, and parkway beautification;
Installation of trails, hiking trails, bicycle paths, equestrian trails, and other facilities as
required on any Element of the General Plan;
Installation of underground utilities, including telephone, electrical power, gas, and cable
television systems and facilities to each lot, parcel, or structure in the area of
development; and
Masonry, wood, or composite material fences and walls, for sound attenuation,
separation, beautification, or for the control of erosion and sloughage onto public
sidewalks or streets.
Street improvement standards typically have the greatest impact on housing costs. The cost of
providing streets for new residential developments, in turn, is primarily influenced by the
required right-of-way width, pavement width, pavement improvement, and landscaping
standards, which typically reduce the buildable area of the lot.
Title 12 of the Poway Municipal Code (Streets and Sidewalks) includes the City’s standards for
construction of streets. Streets are classified as Urban, Semi-Rural, Dedicated Rural, and Non-
dedicated Rural. Typical residential development will include provisions for minor streets and
collector streets, each of which has a right-of-way of 50 to 60 feet, including pavement, curbs,
gutters, and sidewalks (Table 3-4).
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-18
Table 3-4
Poway Street Standards
Street Type Required
Right-of-Way
Required
Pavement Width
Urban (Dedicated or Non-dedicated)
Local Collector (1200-
2400 vpd) 60 feet 40 feet
Local (up to 1200 vpd) 54 feet 36 feet
Semi-Rural (Dedicated or Non-dedicated)
Local Collector (1200-
2400 vpd) 56 feet 40 feet
Local (up to 1200 vpd) 50 feet 36 feet
Dedicated Rural
Local Collector (800-
2400 vpd) 52 feet 28 feet
Local (up to 800 vpd) 44 feet 24 feet
Non-dedicated Rural (Paved)
Local Collector (800-
2400 vpd)
52 feet 26 feet
Local (up to 800 vpd) 40 feet 20 feet
Local (serves 10 or
fewer parcels)
28 feet 20 feet
Source: Poway Municipal Code (PMC), 2013.
5. Permit and Impact Fees
Requiring developers to construct on-site improvements and/or pay pro rata shares toward the
provision of infrastructure, public services, and school facilities will increase the cost of
developing homes and the final sales price or rent of housing. However, the payment of fees is
necessary to maintain an adequate level of services and facilities, and more importantly, to
protect public health and safety.
Development impact fees offset the costs of improvements serving the development. Permit
fees cover administrative review of the development by the planning, building, and engineering
staff. The City's fee schedule is based on anticipated costs associated with review and
approval of proposed projects. Poway’s current development fee schedule, approved in 2010,
is summarized in Table 3-5.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-19
Table 3-5
City of Poway Planning and Development Fees
Fee Type
Development Impact Fees Single Family Multi Family*
Traffic Mitigation $2,244-$2,260 $2,209-$2,221
Park Mitigation $4,562 $3,318-$3,594
Fire Protection $122.03 $88.75-$96.15
Drainage $0-$2,168.19**
Water 3/4" 1" Varies by Meter Size
Meter $130 $270 $130-$1,775
Lateral $1,350 $1,430 $1,350-$1,430
Base Capacity $3,026 $5,488 $3,026-$156,757
San Diego County Water Authority $4,326 $6,922
Sewer Connection $2,356(South) $6,470(North)
Cleanout $50
Inspection $25
Indirect Benefit $500
Line Charge $2,000-$5,600
Inclusionary Housing In-Lieu Fee $100-$500
Planning Fees Conditional Use Permit $3,299
Development Review (Residential) $1,622
Minor Development Review $823-$2,366
Variance^ $319-$799
Specific Plan^ $5,000
General Plan Amendment^ $1,917
Zone Change^ $1,917
Development Agreement^ $2,000-$5,000
Plan Check^ $659-$15,000
Tentative Parcel Map^ $2,711
Tentative Tract Map^ $4,174
Legal Publication $225
Environmental Review Categorical Exemption $79***
Negative Declaration $635***
Environmental Impact Report Deposit equivalent to contract cost plus
10%, full cost recovery
Source: City of Poway, 2012
Notes: *Based on structure type.
**Based on size of land area
***Subject to annual review by San Diego County
^Legal Publication Fee required
The San Diego Building Industry Association (BIA) prepares a survey of development impact
and permit issuance fees for San Diego region jurisdictions. Typically, this survey is conducted
every three years. As part of its most recent survey conducted in 2012, the BIA compared the
permit issuance fees of the region’s jurisdictions for a 4-bedroom/3-bath/2700-square-foot
prototypical single-family home (Table 3-6). The total of all impact fees for Poway was $33,513,
which included $8,460 in school fees imposed by the Poway Unified School District (PUSD).
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-20
Among the seven participating jurisdictions in northern San Diego County, fees in Vista were the
lowest ($17,791), while fees for the prototype home in the City of San Diego were the highest
($56,751).
Although development fees are a constraint on the provision of housing, Poway’s fees for
single-family residences are consistent with other jurisdictions. The City’s Inclusionary Housing
In-Lieu Fee it collects on single-family residential development was reduced during the previous
housing cycle. Poway also imposes a Habitat Mitigation In-Lieu Fee ($17,000 per acre), which
is applicable as mitigation if a property impacts natural biological habitat. If the parcel is located
within the Mitigation Area, as recognized by the Poway Subarea Habitat Conservation Plan
(PSHCP), then onsite mitigation may be applicable.
Fees that Poway imposes for subdivision processing, plan check application processing,
development impacts, building permit issuance are used to pay for the necessary local
infrastructure needed to support the development and cover the costs of processing the
necessary permits. As stated above, Poway’s fees for a typical home are comparable to the
fees required by other jurisdictions and, in many cases, substantially less than other North
County Inland jurisdictions. Based on information collected from local developers, an analysis
of permit costs and fees was conducted, which shows that the cost of permits and fees is
approximately eight percent of the total project cost. As a result, the analysis suggests that
Poway’s fees are not considered a constraint to housing development.
The BIA survey conducted in 2012 did not include a comprehensive analysis for a multi-family
prototype for North County Inland cities for purposes of fee comparisons. As noted in Table 3-
5, multi-family projects in Poway are also subject to development impact fees for traffic
mitigation, park mitigation, fire protection drainage, water service improvements and sanitary
sewer service improvements in addition to planning and building fees. These fees are needed
to cover the costs associated for the project development. The City analyzed the fee
information for multi-family in Table 3-5 along with the current building valuation fees that the
City’s Building Division collects for multi-family developments. Based on that data, it is
estimated that the cost of permits and fees imposed by the City is approximately six to seven
percent of total development costs. This analysis, similar to the single-family development
costs, suggests that the City’s fees are not considered a constraint to housing development
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-21
Table 3-6
Permit Issuance Fees: Prototype Home
Fee Type Fee Santee San Diego
City
San Diego
County Escondido Poway San
Marcos Vista
Pe
r
m
i
t
F
e
e
s
Initial Plan Check $2,606 $2,7071 $2,137 $1,2238 $2,189 $747 $1,457
Master/Subsequent
Check Fee -- $2872 $131 $70 -- $90 --
Building Permit $2,573 $9333 $1,831 $1,351 $2,195 $708 $1,379
MPE Permits $532 Incl. -- $360 $444 $445 --
Energy $330 Incl. -- Incl. $323 Incl. --
CalGreen -- -- -- $10 -- -- --
Seismic $32 $25 $64 $24 $32 $32 $30
Im
p
a
c
t
/
C
a
p
a
c
i
t
y
F
e
e
s
Sewer N/A $5,9744 $4,875 $7,500 $5,83612 $4,110 $3,956
Water N/A $6,1425 $9,938 $14,8529 $5,44812 $4,100 --
Public Facilities $5,577 $29,428 -- $4,533 -- $10,319 $1,218
Traffic $3,464 -- $6,725 $2,97310 $2,202 -- $2,377
Parks $6,714 -- $4,596 $4,129 $4,562 $6,251 $6,568
Fire $509 -- $1,628 -- $122 $1,322 $379
Drainage/Flood $3,840 $7,101 $2,013 $1,071 $1,200 $6,135 $427
School
Contact
school
district
-- $6,858 $12,393 $8,460 $12,969 --
Inclusionary Housing -- -- -- -- $500 $4,875 --
Special District Fees -- -- -- -- -- -- --
Other -- $4,1547 -- $17811 -- -- --
TOTAL $26,177 $56,751 $40,796 $50,677 $33,513 $50,189 $17,791
Source: San Diego Building Industry Association Fee Survey, 2012-2013
Notes:
1Includes $88 General Plan Maint. & $10 Zoning Map Maint. Fee
2Includes $166 Water/Sewer Plan Check Fee
3Includes $44 Issuance Fee
4Includes $1,670 sewer lateral
5Includes $3,095
6New Fee: Regional Transportation Congestion Improvement Plan
7System Capacity Charge $4,154 and Water Treatment Capacity
Charge $159
8Initial plan check includes $878 Building Div., $195 Planning Div., and
$150 Fire Dept. Plan Rev
9Includes $6922 CWA Fee
10RTCIP $2165, $850 local
11$58 facility plan reimbursement; $120 art fee
12$13,866 w/CWA fee
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-22
6. Development Permit Procedures and Timeframes
Development review and permit processing are necessary steps to ensure that residential
construction proceeds in an orderly manner. However, the time and cost of permit processing
and review can be a constraint to housing development if they place an undue burden on the
developer.
The City applies a relatively uniform permitting and review process for all residential
applications, tentative maps, conditional use permits, development reviews, and variances. The
City does not have a Planning Commission, thus reducing the time involved in the project
application and approval process. Staff level review and approval is acceptable for permits for
the construction of one dwelling unit and minor proposals that are considered incidental to the
existing building or surrounding community. This process only applies to projects that are
consistent with zoning and General Plan land use designations. The majority of single family
homes are processed under a Minor Development Review Permit (MDRA) which is staff
approval. The processing timeline for a staff approved MDRA varies depending on the
complexity of the site to be developed. As the City nears build out, easily developed sites are
becoming rare. The processing time for a staff-approved MDRA typically ranges from 4 to 6
weeks.
Tentative subdivision maps require City Council approval. The process from submittal of a
complete application to City Council hearing typically takes 12 weeks for a tentative subdivision
map and is summarized in Figure 3-2.
Applications for multi-family developments require a similar process as single-family
applications, except that a Development Review (DR) approval by the Poway City Council is
required pursuant to the City’s Municipal Code. The process, from submittal of a complete
application to City Council hearing, is the same as the single-family application process, but
typically takes 6 to 10 weeks due to the additional time needed for the City Council public
hearing. Multi-family developments for affordable housing will be allowed by right pursuant to
California Government Code Section 65583.2(h) and 65583.2(i). The City’s General Plan and
Municipal Code will be amended to ensure it complies with State Law.
During the consideration of a multi-family development project, subject to a DR, the City Council
evaluates the project application against the qualitative objectives described in the DR
procedure listed in PMC Section 17.52.010. These objectives ensure that the proposed project
support the implementation of the City’s General Plan including maintaining importance of visual
appeal and aesthetics, environmental soundness, economic stability, property values and
harmonious appearance of structures and property (i.e. landscaping, signage, streets, parking
areas, etc.) The City has been very successful in approving high quality projects for years and
has maintained a long track record for approving projects. In addition, development projects are
not burdened by unreasonable development conditions and developers find that there are no
general constraints to development.
All development applications are routed to the City’s Development Review Committee (DRC),
after the initial application submittal. The DRC is comprised of the City’s Planning staff,
Engineering staff and one representative from Safety Services and Public Works. Within 30
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-23
days from the date the application is submitted, the applicant is notified of any deficiencies. The
applicant prepares the additional information and resubmits the application. The City has
another 30 days to review the resubmittal for completeness. When the application is deemed
complete, the plans are distributed to the appropriate City departments for conditions of
approval. If the project is a staff level approval, the staff planner issues a letter of approval,
typically within a week of receiving the conditions. If City Council approval is required, the staff
report is prepared and the item is heard within two to three weeks of completion of the staff
report.
In the past few years, the City has made changes to the Municipal Code to streamline several
development review processes. These modifications resulted in savings of time and cost for
applicants. The City continues to evaluate its codes and procedures to reduce processing time
and costs.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-24
Figure 3-2
Application Processing Timeline
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-25
7. Building Code and Enforcement
The City has adopted the 2010 California Building Code, Part 2, Title 24 of the California Code
of Regulations with the deletion of the administration chapter of the 1997 Uniform Building
Code. The City has also adopted the 2010 California Electrical Code, California Plumbing
Code, California Mechanical Code, and California Energy Code, with minor amendments,
notably deletion of the administration chapters. The building code is determined by the
International Conference of Building Officials and the State of California. The only significant
local amendments that the City has adopted is requiring ignition-resistant construction - Class 1
building materials, Class A roof covering materials and residential fire sprinkler system
installation.
When a code violation is suspected, residents may file a complaint with City staff, who will
usually seek the assistance of a Code Compliance Officer to determine whether the complaint is
a code violation or another type of violation. Reports of code violations are assigned to a Code
Compliance Officer for investigation. The City Planner oversees Poway’s Code Compliance
Officers.
If a property is found to be in violation, the Officer leaves a courtesy notice with the property
owner. The Officer attempts to speak to the property owner dir ectly, but leaves a notice at the
front door of the homes if the property owner is not available. A copy of the pertinent code
section is also left with the notice. The notice includes a compliance date, which is determined
by the degree of the violation. Health and safety violations require quicker remediation than
other types of code violations. The goal is to achieve voluntary compliance by having the
property owner address the violation without further City involvement.
The Code Compliance Officer returns to inspect the property after the compliance date. If the
violation has been addressed, the case is closed. If the violation persists, a courtesy letter is
issued with another compliance date. If the violation has not been remediated after the second
compliance date, a notice of violation is issued and a third compliance date is set. A second
notice of violation is issued with a threat of sanction if the problem is still not addressed. If the
violation is not addressed by the fourth compliance date, the City could deem the property a
public nuisance to allow the City to address the issue and/or abate the nuisance and attach a
lien for payment of the costs incurred or issue a citation. In Poway’s experience, by the time an
administrative citation is issued, the property owner either complies or files an appeal with the
City Council.
Enforcement of City codes is necessary to protect the health, safety, and welfare of residents
and are therefore a necessary constraint on housing development. The City’s code
enforcement procedures provide residents with the opportunity to appeal notices of violation at
any time.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-26
8. Relief from Governmental Constraints
Affordable Housing Overlay Zone (AHOZ)
To provide adequate sites for affordable housing development and to ensure that any increased
densities allowed are used for the provision of affordable housing, an Affordable Housing
Overlay Zone (AHOZ) has been established in the Land Use Element of the General Plan and
the Zoning Code for Low Income and Moderate Income households.
An AHOZ for the Low Income category was previously established in the Land Use Element of
the General Plan. Pursuant to Program 15 of the previous Housing Element, the General Plan
and Zoning Code were amended in 2012 to create an AHOZ for the Moderate Income category
and to modify the provisions in the Low Income category. This included providing flexible
development standards that will allow the densities up to 30 dwelling units per acre noted in the
Residential Sites Inventory. Also, Program 17 in the previous Housing Element resulted in an
amendment to the General Plan designation and zoning to apply an AHOZ on some publicly-
owned sites in 2012. A total of six (6) properties now include an AHOZ. An AHOZ may be
applied to property within any land use category, including non-residential categories, but not
including the Open Space or Rural Residential categories.
The AHOZ for the Moderate Income category is designed to function much like a density bonus
through a specific plan. Typically, a specific plan is processed concurrently with all other land
use entitlements, so there is no additional processing time. The original amendment to the
General Plan and Zoning Code removed the requirement for a specific plan for the Low and
Very Low Income category. In order to ensure both the initial and continued affordability of
housing constructed under the AHOZs, deed restrictions are required which guarantees that
resale prices or rents will not exceed affordable levels and that future residents will have
appropriate incomes to correspond with the price or rent restrictions.
The City will amend the General Plan and Land Use Designation on all remaining properties
identified in the new Residential Sites Inventory (Table 4-4) in Chapter 4 to place an AHOZ for
Low Income households or Moderate income households. The AHOZ will allow the densities
required to meet the City’s Regional Housing Needs allocation. The underlying zoning on these
sites will not change. During this process, evaluation of the current development standards
within the AHOZ for Low Income and Moderate Income households will be analyzed and
amended as necessary.
Density Bonus Ordinance
Developers of affordable housing are entitled to a density bonus and/or equivalent concessions
or incentives under certain conditions. State law regarding density bonus was amended in 2009
to reduce the amount of units that a developer must provide in order to receive a density bonus
and required a number of regulatory concessions or incentives (i.e. reduction of development
standards), depending upon the percentage of affordable units that the developer provides.
State law was also amended to establish a sliding scale for determining the density bonus
developers are eligible to receive. The maximum density bonus a developer can receive is 35
percent when a project provides either 10 percent of a proposed project for very low income
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-27
households, 20 percent for low income households, or 40 percent for moderate income
households. The legislation also imposed other modifications to Density Bonus Law including
incentives for housing with child care facilities, a new land donation rule, and statewide parking
standards. The City revised its density bonus ordinance in 2009 to be consistent with State law.
Nonconforming Uses
Existing homes located in non-residential areas are considered non-conforming uses.
Whenever a non-conforming structure is destroyed by fire, or any other calamity, to the extent of
50 percent or less, the structure may be restored. When the destruction exceeds 50 percent or
the structure is voluntarily razed or is required by law to be razed, the structure may not be
restored. The Zoning Ordinance specifically exempts residential structures including multifamily
from these requirements.
The City identified six (6) properties where commercial businesses were located on
residentially-zoned land. The municipal code allowed them to remain for 15 years. In 2011, all
of the property owners were notified that the non-conforming uses needed to be abated. A
General Plan and Zone Change was processed for three of the properties to change the land
use to commercial to match the existing development. The other three properties were given
abatement letters. Two of the properties have converted to residential uses consistent with the
zone and the third property is in the process of converting to a residential use.
Variances
A variance is a discretionary permit issued by the City Council allowing deviation from
provisions of the Zoning Ordinance. The Zoning Ordinance allows for the issuance of variances
for properties subject to special conditions related to size, topography, location, or surroundings.
Variances are only granted in the event that special conditions exist and the strict application of
the Zoning Ordinance requirements prevents the property from participating in the privileges of
surrounding properties that are subject to the same zoning ordinances.
Reasonable Accommodations for Housing for Persons with Disabilities
As part of the Housing Element update, the City conducted a comprehensive review of its
development ordinances and planning policies for their potential to affect persons with
disabilities. The results of this review are discussed below.
Poway permits residential care facilities serving six or fewer persons and licensed by the State
within all of its residential zoning districts by right. State licensed residential care facilities
serving seven or more persons are conditionally permitted in the RS-2, RC, and RA zones.
Residential care facilities include facilities that provide 24-hour non-medical care to persons in
need, emergency shelters, home finding agencies, or residential service facilities for homeless,
disabled, infirmed, or mentally challenged adults and children. The City does not have any
siting requirements between group home facilities.
Accessory uses such as wheelchair ramps are permitted within all residential zones as
incidental structures related to the residence. Building procedures within the City are also
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-28
required to conform to the California Building Code, as adopted in the City's Municipal Code.
Standards within the Code include provisions to ensure accessibility for persons with disabilities.
Reasonable accommodation refers to the need for disabled and special needs residents to alter
their homes or be permitted exceptions to the strict application of zoning standards to allow for
access, mobility, and use of their homes. Persons with disabilities or their represe ntatives may
request reasonable accommodations, including exceptions to zoning standards (setback, yard,
parking, height, lot coverage, etc.). Zoning and building codes, and the City's approach to code
enforcement, allow for special features that meet the needs of persons with disabilities without
the need for zoning variances. City staff is available to provide assistance regarding the
procedures for special accommodations under the City's Zoning Ordinance. In 2009, the City
amended the Municipal Code to add regulations and procedures for reasonable
accommodations, pursuant to Program 10 in the previous Housing Element. This action is
consistent with Government Code Section 65583.
B. Environmental, Infrastructure, and Public Service Constraints
Environmental factors and a lack of necessary infrastructure or public services can constrain
residential development in a community by increasing costs and reducing the amount of land
suitable for housing construction. This section summarizes and analyzes the most pertinent
constraints to housing. Future residential development will be faced with challenges regarding
supportive public infrastructure extensions and expansions.
1. Environmental Constraints
Environmental concerns can constrain housing in two ways: (1) land availability is limited from
development and (2) costs are increased due to efforts to mitigate environmental impacts.
Many environmental features may constrain development in Poway: habitat for
threatened/endangered species, steep slopes, floodplains/wetlands, geologic constraints, and
cultural resources (historic or pre-historic structures or sites).
The City is responsible for implementing flood control measures within Poway. Significant
portions of the City are affected by the Federal Emergency Management Agency's (FEMA) 100-
year floodplain designation. Approximately 1,810 residential properties are impacted by a
floodway within the City.
The vast majority of Poway’s undeveloped land is located within the Poway Subarea Habitat
Conservation Plan/Natural Community Conservation Plan (PSHCP) Mitigation Area. The
Mitigation Area comprises approximately 53% of the 25,047 total City acreage. The PSHCP is
necessary to allow for the incidental take of listed species by public projects and private
projects. The PSHCP fulfills requirements pursuant to Section 10(a) of the Federal Endangered
Species Act (ESA); Sections 2081 and 2835 of the State Fish and Game Code and the
California Endangered Species Act (CESA); and the State of California’s Natural Communities
Conservation Planning (NCCP) Act of 1991. It is also consistent with regional and subregional
planning efforts within San Diego County pursuant to the NCCP Act. Collectively, these laws
and planning efforts require protection and management of sufficient, interconnected habitat
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-29
areas to support listed species in exchange for allowing limited take of the species or its habitat.
Because these areas are designated for very low density residential uses, habitat constraints
within these areas are minimal as individual homes and limited access roads are permitted
provided construction avoids environmentally sensitive areas. However, the habitat
conservation requirements mean that 13,307 acres of potentially developable residential land
can only be built at densities that would make housing unaffordable to all but above-moderate
income households.
Based on development patterns and the constraint of undevelopable land area within areas of
the City that are impacted by Proposition FF and the PSHCP, the City moves closer to build-out.
Sites identified for higher density development in Section 4, Housing Resources, are located in
urbanized areas and not unduly constrained by floodplains, biological resources, or other
environmental constraints. Steep slopes, geologic constraints, and cultural resources are listed
as potential constraints, but there is not information with which to reach a conclusion as to
whether these are actual constraints. Based on the best available data provided through
SANDAG in 2010 using the City’s Geographic Information System, the City has approximately
6,201 acres of vacant developable land remaining in Poway.
2. Infrastructure and Public Service Constraints
Water Service
The City of Poway relies on two surface water sources: water imported from the San Diego
County Water Authority and local rainfall captured by Lake Poway. The imported water
comprises the majority of Poway’s water supply, accounting for 99.5 percent of the raw water
supply. Additionally, recycled water is used in the Poway Business Park for landscape
irrigation, accounting for approximately four percent of Poway’s overall water use.
The majority of the raw water purchased from the San Diego County Water Authority is imported
from the Northern California Aqueduct and Colorado River Systems. These sources of water
are pumped to the Lester J. Berglund Water Treatment Plant and Lake Poway for storage. The
Treatment Plant has a capacity of 24 million gallons per day (mgd) and the lake has a storage
capacity of approximately 3,300 acre-feet of water. For calendar year 2012, average Water
Treatment Plant daily potable water production was approximately 9.71 mgd.
The City of Poway Water Master Plan, prepared in 2001, assumed build-out population of
55,000 persons by 2020, consistent with the City of Poway General Plan. At that time, water
consumption of 250 gallons per capita per day was assumed. Therefore, upon build-out of the
General Plan, 13.75 mgd of water would be required. Based on Poway’s estimated population
of 48,382 in 2012 (based upon 2010 census numbers), at 250 gallons per capita per day, 12.1
mgd would be required.
However, based on significant water cost increases in recent years and an emphasis on
maximizing water efficiency, Poway’s overall water use has decreased significantly since 2009.
Additionally, a recent California law mandates urban water suppliers reduce overall water use
by 20% by 2020. Based on this legislation, Poway’s 2020 water use efficiency target,
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-30
established in the City’s 2010 Urban Water Management Plan, adopted in June 2011, is 215
gallons per capita per day.
Adequate facilities and supply are anticipated to be in place to meet forecasted water needs.
Sewer Service
The City maintains and operates nearly one million linear feet of wastewater conveyance
pipeline and five (5) active lift stations within its service area. For wastewater treatment, the
City is part of the Metropolitan Wastewater Joint Powers Authority, which includes the City of
San Diego and 11 other municipalities and special districts. The City of San Diego operates the
regional wastewater conveyance and treatment facilities.
Poway owns 5.894 mgd of capacity in the City of San Diego’s Metropolitan Wastewater System,
and 5.0 mgd in the City of San Diego municipal system. Poway also has 0.05 mgd of capacity
at the City of Escondido’s Hale Avenue Recovery & Reclamation Facility (HARRF), which
handles wastewater treatment for Rancho Bernardo and a portion of flow from two small areas
in the northern portion of Poway.
For FY 2012, Poway’s average daily wastewater flow conveyed to the City of San Diego Trunk
Sewer for conveyance to regional treatment facilities was 3.005 MGD. In addition,
approximately 0.05 MGD was treated at HARRF.
Using conservative growth assumptions and SANDAG population projections, City flows in 2030
are estimated to be 4.27 mgd. Poway’s current contracted capacity is adequate to
accommodate the additional flow.
Drainage Facilities
In Poway, runoff from storm drains enters eight drainage basins, but the majority of drainage is
collected in three major creeks: Poway, Green Valley and Sycamore. Water from all of the
creeks eventually flows into three Poway watersheds.
Developers of property located within a designated planned local drainage (PLD) area pay a fee
to provide necessary storm drainage facilities including underground storm drain pipelines,
catch basins, detention basins, and other facilities that may be needed to serve proposed
development. The fees are based upon estimated costs of necessary facilities and are
apportioned within each PLD area based on benefits accrued to a property or need for facilities
created by a project. Stormwater pollution prevention and flood control facilities are necessary
to promote public safety and welfare and are therefore not an undue constraint on housing
production.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-31
C. Market Constraints
Market constraints include the cost of land, cost of construction, and availability of financing
within a community. These market constraints can result in housing that is not affordable to low
and moderate income households or may render residential construction economically
infeasible. Knowledge of non-governmental constraints can assist a jurisdiction in developing
and implementing responsive housing programs.
California’s housing market peaked in the summer of 2005 when a dramatic increase in the
State’s housing supply was coupled with low interest rates. The period between 2006 and
2010, however, reflects a time of significant change as the lending market collapsed and home
prices saw significant decreases, resulting in the 2008 economic recession. Double-digit
decreases in median sale prices were recorded throughout the State until recently. As such,
housing production in the last few years has been limited while the need for affordable housing
increased along with high unemployment rates and foreclosure rates.
1. Availability and Cost of Financing
The availability and cost of financing affects both the developer’s ability to construct housing
and the consumer’s ability to purchase or improve a home.
Under the Home Mortgage Disclosure Act (HMDA), lending institutions are required to disclose
information on the disposition of loan applications by the income, gender, and race/ethnicity of
the applicants. This applies to all loan applications for home purchases and improvements,
whether financed at market rate or with government assistance.
The disposition of loan applications submitted to financial institutions for home purchase and
home improvement loans within Poway is shown in Table 3-7. Included is the number of loans
that are approved and denied based on type of loan. The status of other loans indicates loan
applications that were neither approved nor denied, but were incomplete or were withdrawn by
the applicant.
Home Purchase Loans
In 2009, 1,970 Poway households applied for a new loan. These included Federal Housing
Authority (FHA) or Veterans Administration (VA) purchase loans, Conventional Loans,
Refinance Loans or Loans for Home Improvement. Of this total, 212 were approved, 387 were
denied and 360 were either not accepted, deemed incomplete or withdrawn.
The economic recession of 2008 had a significant impact on the housing market over the last
several years. Even though record low interest rates on loans existed and home values
decreased significantly, other market constraints such as loan requirements and income
instability have had an impact on attracting more home buyers into a home purchasing market,
adding another significant constraint to the purchase of homes for those needing affordable
housing.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-32
Table 3-7
Disposition of Home Purchase Loan Applications
City of Poway
2009
Application
Type
Poway
Total
Apps. Approved. Denied Other*
FHA, VA 136 17 19 100
Conventional
Purchase 254 38 40 176
Refinance 1,511 150 309 1,052
Home
Improvement 69 7 19 43
Total 1,970 212 387 1,371
Source: City-Data 2013 (Home Mortgage Disclosure Act (HMDA), 2009).
*”Other” includes applications approved but not accepted, files closed for incompleteness, and
applications withdrawn.
2. Development Costs
Development costs are key factors in determining housing affordability. Development costs
include the price of raw land, improvements, labor, and construction.
Land Costs
A sample review (Table 3-8) of property listings for land in Poway indicates that few unimproved
residential lots are available for purchase. Properties with the lowest values in Poway are
typically larger lots in outlying areas with no urban services and low physical capability for
residential development. Property with the highest values in Poway are typically those that are
"ready to build" with urban services and/or zoning entitlements. The sample listings in Table 3-8
are all single-family lots that may not be ready-to-build. The average per acre price of these
properties is $144,132 in January 2013.
Table 3-8
Vacant Land Prices
City of Poway
Housing Type
and Acres
Lot Size
(acres)
Advertised
Price
Average
$/acre
Single Family
Residential
4.85 $795,000
$144,132
2.61 $749,000
6.50 $295,000
1.25 $199,000
1.02 $112,000
1.01 $99,000
Source: Land Watch listings, January 2013.
City of Poway Constraints
Draft April 2013 Housing Element Update | Page 3-33
Labor Costs
Labor Code Section 1720, which applies prevailing wage rates to public works of over $1,000,
defines public works to mean construction, alteration, installation, demolition, or repair work
done under contract and paid for in whole or in part out of public funds. For example, public
transfer of an asset for less than fair market value, such as a land write-down, would be
construed to be paid for in part out of public funds and trigger prevailing wage requirements.
While the cost differential in prevailing and standard wages varies based on the skill level of the
occupation, prevailing wages tend to add to the overall cost of development. In the case of
affordable housing projects, prevailing wage requirements could effectively reduce the number
of affordable units that can be achieved with public subsidies. The following types of projects
are not required to pay prevailing wages:
Residential projects financed through issuance of bonds that receive an allocation
through the State; or
Single-family projects financed through issuance of qualified mortgage revenue bonds or
mortgage credit certificates.
Construction Costs
Construction factors such as type of construction, custom versus tract development, materials,
site conditions, finishing details, amenities, square footage, and structural configuration, can
increase the cost of housing. The International Code Council (ICC) provides estimates for the
average cost of labor and materials for typical Type V wood frame housing. Estimates are
based on “good” quality construction, providing for materials and fixtures well above the
minimum required by State and local building codes. According to the ICC’s local chapter
estimates, the average per square foot cost for good quality housing is approximately $200-
$250 for single-family housing and $175-$200 for multi-family housing.
A reduction in amenities and the quality of building materials can result in lower sales prices and
rental rates. The increased use of prefabricated factory-built or manufactured housing, which is
permitted in all residential districts in the City (consistent with California law), may provide for
lower-priced housing by reducing construction and labor costs.
Although construction costs are a significant portion of the overall development cost, the City
can do little to mitigate its impact. Because construction costs in Poway are similar to those in
the area, the cost of construction is not considered a major constraint to housing production.