Poway Municipal Code § 17.26.770 Development standards

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:

A. 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.

B. Provide various development incentives to encourage affordable housing that is consistent with State programs and the housing element of the Poway general plan.

C. 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).

D. 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.

(Ord. 741 § 3, 2012)

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 nonresidential 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 by this reference.

(Ord. 741 § 3, 2012)

“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.

(Ord. 741 § 3, 2012)

Permitted uses allowed within the AH-L or AH-M overlay zone include multifamily 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, playgrounds, tot lots, recreation areas, works of art, and gardens.

(Ord. 741 § 3, 2012)

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:

a. May either be rental or for-sale dwellings;

b. Should be comparable in the number of bedrooms, exterior appearance and overall quality of construction to nonrestricted units;

c. Should be of good quality and are consistent with contemporary standards for new housing;

d. May be clustered or dispersed within a residential development and/or mixed use project; and

e. 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.

a. AH-L sites shall use the baseline development and performance standards consistent with the residential apartment (RA) zone with specific attention to PMC § 17.08.080, 17.08.160, 17.08.200[1]

[1]

Code reviser’s note: As provided in Ordinance No. 741, adopted 4/17/2012; Section 17.08.200 was repealed by Ordinance No. 701, adopted December 15, 2009., 17.08.220, and 17.08.230.

b. AH-M sites shall meet the baseline development and performance standards consistent with the residential condominium (RC) zone with specific attention to PMC § 17.08.070, 17.08.160, 17.08.200[2]

[2]

Code reviser’s note: As provided in Ordinance No. 741, adopted 4/17/2012; Section 17.08.200 was repealed by Ordinance No. 701, adopted December 15, 2009., 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 PMC §§ 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 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[3]

[3]

Code reviser’s note: As provided in Ordinance No. 741, adopted 4/17/2012; Section 17.08.200 was repealed by Ordinance No. 701, adopted December 15, 2009. and 17.08.220.

4. All projects which do not have an on-site manager shall provide a posted phone number of the project owner or off-site 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.

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 PMC § 17.08.160. Concessions from these standards may be granted by the City Council pursuant to PMC § 17.26.690.

(Ord. 741 § 3, 2012)