Chapter 17.26 SPECIAL USES AND CONDITIONS

The provisions of this title shall apply to the uses and conditions enumerated in this chapter. Where this chapter prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this chapter shall apply. (Ord. 113 §§ 1 (Exh. A 6), 5, 1983)

Article II. Temporary Uses

17.26.020 Purpose.

The provisions of this chapter shall be known as the temporary use regulations and shall provide regulations for the uses enumerated in this chapter. Where this chapter prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this chapter shall apply. Temporary uses are subject to approval by the Director of Development Services. (Ord. 721 § 2, 2011; Ord. 518, 1999; Ord. 113 §§ 1 (Exh. A 6.0.1), 5, 1983; Ord. 100 § 1, 1983)

17.26.030 Temporary uses listed.

The following temporary uses may be approved:

A. Circuses, carnivals, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than five calendar days of operation in any calendar year. Requests exceeding these time limitations may be granted by the Director of Development Services upon written request, subject to a minor development review application and noticing requirements pursuant to PMC 17.26.080.

B. Christmas tree sales lots, Halloween pumpkin sales, and other holiday sales subject to not more than 40 calendar days of site occupation and operation in any calendar year:

C. Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than 28 calendar days of display in any calendar year;

D. Outdoor art and craft shows and exhibits, subject to not more than three calendar days of operation or exhibition in any 60-calendar-day period;

E. Parking lot and sidewalk sales, other than outdoor displays pursuant to PMC 17.10.190, and located within commercially zoned properties, not to exceed five calendar days in any 60 calendar days and subject to appropriate conditions. A qualified business conducting a special promotional parking lot sales event may request additional time for the parking lot sale subject to the following:

1. The Director may approve a special promotional parking lot sales event for up to a maximum of 34 days for a single event and up to four such events in a 12-month period with a minimum of 30 days between events, subject to noticing requirements pursuant to PMC 17.26.080.

F. Entertainment attractions such as tethered balloon rides, bands, etc., may be permitted for not more than 15 days per year provided they are safe and do not unreasonably impact neighbors. On-site broadcasting of a mobile radio show shall not constitute “entertainment” and is permitted; provided, that neighbors are not unreasonably impacted by the event;

G. Off-site sales events may be approved for the sale of motor vehicles, recreational vehicles and/or boats;

H. Seasonal retail sale of agricultural products (fruit and vegetable stands) for periods of less than 90 days, if said products are raised on the premises;

I. For any agricultural or animal husbandry activity or project (4-H, FFA, or similar) conducted for educational purposes or school credits, a permit may be granted in any district when the Development Services Director determines that such use will not cause a public nuisance relative to sanitation and health conditions;

J. Special events, such as horse shows, at a commercial stable when authorized by the conditional use permit or minor conditional use permit;

K. Charitable or school sponsored drop-off bins for recycling of cans, newspapers, or similar items, or for drop-off of clothes and small items. Bins shall be located in the parking lots of businesses within the CG or CN zones when written permission is granted by the property owner or business owner. The bins shall be kept in a neat and orderly manner;

L. Charitable special events, including fund raising tours in residential neighborhoods and craft fairs and similar events in residential neighborhoods, shall be limited to a two-day duration and no more than twice per year. Written notification of adjacent property owners shall be required prior to the event;

M. Temporary use of property for mobile trailer units for uses including, but not limited to, classrooms, offices, and banks, for periods not to exceed 180 days, subject to a minor development review application approved by the Director of Development Services and subject to noticing requirements pursuant to PMC 17.26.080. Requests for such uses for more than 180 days in duration require approval of a minor conditional use permit. All such units shall meet all necessary requirements of zoning, building, fire and health codes;

N. Contractors’ offices and storage yards on the site of an active construction project for a period not to exceed one year. Time extension applications may be considered in conjunction with the presence of an active building permit or other related construction permit for the project;

O. Mobile home residences or recreational vehicles (RVs) such as motor homes and travel trailers of sufficient size and design to provide extended term living quarters as determined appropriate by the Director of Development Services, for security purposes on the site of an active construction project. Duration is limited to one year. Time extension applications may be considered in conjunction with the presence of an active building permit or other related construction permit for the project;

P. Subdivision sales offices and model home complexes located within the subdivision, subject to the following minimum requirements:

1. Offices shall be no closer than one vacant lot to an existing dwelling unit not part of the subdivision, trailers may be used for no more than 90 calendar days or until such time as the subdivision sales offices have been completed, whichever is less,

2. An A.C. paved parking lot shall be provided with sufficient parking spaces to accommodate said use,

3. Offices shall be allowed for a maximum of two years or until 90 percent of the homes within the subdivision are sold, whichever is less. Annual review for compliance with conditions of approval may be required,

4. Faithful performance bonding in an amount appropriate to guarantee removal and/or conversion of the sales office and attendant facilities shall be required, and

5. Other conditions that the Director of Development Services deems necessary to assure that the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood;

Q. Temporary sheltering of homeless persons by qualified churches or synagogues. Sheltering periods shall be limited to two-week durations, no more than twice per year and at no closer than three-month intervals. “Qualified churches and synagogues” are defined as those possessing a valid conditional use permit. The following guidelines shall apply:

1. Only 12 individuals may be sheltered at any given time by a participating institution,

2. Maximum length of stay within the program is limited to six weeks total, two weeks maximum at each church,

3. Homeless persons shall remain on church property only during the hours of 5:00 p.m. to 8:00 a.m. and must be supervised by church personnel during those hours;

R. Outdoor food preparation accessory to a restaurant or food store use, within commercially zoned properties not to exceed five calendar days in any 60 calendar days and subject to applicable conditions of the Development Services Department;

S. Additional uses determined by the Director of Development Services to be similar to the foregoing. (Ord. 773 §§ 12, 13, 2015; Ord. 721 § 2, 2011; Ord. 661 §§ 3, 4, 5, 2007; Ord. 580 § 3, 2003; Ord. 540 § 4, 2001; Ord. 518, 1999; Ord. 443, 1995; Ord. 432 § 2, 1994; Ord. 255 § 1, 1988; Ord. 113 §§ 1 (Exh. A 6.02), 5, 1983; Ord. 100 § 1, 1983)

17.26.035 Marijuana dispensary, cooperative or collective.

Notwithstanding any provision of the municipal code to the contrary, the use of any property within any zone in the City of Poway as a marijuana dispensary, cooperative, or collective, or for marijuana cultivation, delivery, manufacturing or storage, as defined in PMC 17.04.514, is prohibited. The issuance of any permit, license, or certificate for the operation of any such uses shall be prohibited. (Ord. 808 § 18, 2017; Ord. 785 § 18, 2016; Ord. 736 § 18, 2012)

17.26.040 Permits and bonds.

A. All temporary uses shall be subject to the issuance of a temporary use permit by the Development Services Director and other necessary permits and licenses, including but not limited to building permits, sign permits, and solicitor’s or vending licenses.

B. In the issuance of a temporary use permit, the Development Services Director shall indicate the permitted hours of operation and any other conditions, such as walls or fences and lighting, which are deemed necessary to reduce possible detrimental effects to surrounding developments and to protect the public health, safety and welfare.

C. Prior to the issuance of a permit for a temporary use, except those listed under PMC 17.26.030(C), (F), (G), (K) and (L), a cash deposit may be required to be deposited with the City. This cash deposit shall be used to defray the costs of cleanup of the property by the City in the event the permittee fails to do same.

D. The decision of the Development Services Director may be appealed to the City Council pursuant to Chapter 2.20 PMC, Administrative Appeals. (Ord. 721 § 2, 2011; Ord. 661 § 6, 2007; Ord. 518, 1999; Ord. 113 §§ 1 (Exh. A 6.0.3), 5, 1983; Ord. 100 § 1, 1983)

17.26.050 Extension or modification of limitations.

Unless otherwise specified in this chapter, upon written application, the Development Services Director may extend the time within which temporary uses may be operated, or may modify the limitations under which such uses may be conducted, if the Development Services Director determines that such extension or modification is in accord with the purposes of the zoning regulations. (Ord. 721 § 2, 2011; Ord. 661 § 7, 2007; Ord. 518, 1999; Ord. 113 §§ 1 (Exh. A 6.0.4), 5, 1983; Ord. 100 § 1, 1983)

17.26.060 Condition of site following temporary usage.

Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used only in accord with the provisions of the zoning regulations. (Ord. 721 § 2, 2011; Ord. 113 §§ 1 (Exh. A 6.0.5), 5, 1983; Ord. 100 § 1, 1983)

17.26.070 Fee.

The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application prescribed in this chapter. This fee may be waived by the approving authority for charitable groups that do not need any public services. (Ord. 721 § 2, 2011; Ord. 113 § 1 (Exh. A 6.0.6), 5, 1983; Ord. 100 § 1, 1983)

17.26.080 Noticing requirements.

For those temporary uses identified in PMC 17.26.030(A), (E), and (M) as requiring noticing, the following shall apply:

A. A notice of pending decision shall be mailed to all property owners of property contiguous to the subject property, and those separated by a public or private street; and

B. A posted notice shall be displayed at all entrances to the subject property. (Ord. 721 § 2, 2011)

Article III. Inclusionary Housing Requirements

17.26.100 Definitions.

As used in this article:

“Affordable to moderate-income households” means average monthly housing payments, during the first calendar year of a household’s occupancy, including property taxes, homeowners’ insurance and homeowners’ association dues, if any, which are equal to or less than one-twelfth of 35 percent of 110 percent of area median income, adjusted for family size. Affordable housing cost shall be set based on presumed occupancy levels of one person in a studio unit, 1.5 persons in a one bedroom unit, three persons in a two bedroom unit and 1.5 additional persons for each additional bedroom thereafter. Down payment shall be based on five percent of the affordable housing price.

“Affordable to low-income households” means average monthly housing payments, during the first calendar year of a household’s occupancy, including property taxes, homeowners’ insurance and homeowners’ association dues, if any, which are equal to or less than one-twelfth of 30 percent of 80 percent of area median income, adjusted for family size. Affordable housing cost shall be set based on presumed occupancy levels of one person in a studio apartment, 1.5 persons in a one bedroom unit, three persons in a two bedroom unit and 1.5 additional persons for each additional bedroom thereafter. Down payment shall be based on five percent of the affordable housing price.

“Affordable to very low-income households” means monthly rent, including utility allowances as published from time to time by the San Diego County Housing Authority and all fees for housing services, which are equal to or less than one-twelfth of 30 percent of 50 percent of area median income, adjusted for family size. Affordable rent shall be based on presumed occupancy levels of one person in a studio apartment, 1.5 persons in a one bedroom unit, three persons in a two bedroom unit, and 1.5 additional persons for each additional bedroom thereafter.

“Construction cost index” means the Engineering News Record Building Cost Index. If that index ceases to exist, the City Manager shall substitute another construction cost index, which in his or her judgment is as nearly equivalent to the original index as possible.

“Deed restriction” means an attachment to the grant deed to an affordable unit, which purpose is to assure continuing affordability of the unit over time. The term of the deed restriction shall not be less than 45 years for ownership units and 55 years for rental units.

“In-lieu fee” means a fee paid as an alternative to the provision of inclusionary units for new residential development.

“Median income” means the median household income as established by the Department of Housing and Urban Development for the San Diego Standard Metropolitan Area. (Ord. 816 § 3, 2018; Ord. 701 § 3, 2009; Ord. 595 § 2, 2003; Ord. 424, 1993)

17.26.200 Inclusionary requirements.

A. Affordable Housing Set Aside.

1. New rental residential development shall provide that 15 percent of the units created shall be affordable to very-low-income households and the continued affordability shall be guaranteed by recorded deed restriction providing such set aside. Said deed restriction shall not be less than 55 years. Such a development project which does not so provide shall be denied as inconsistent with the Housing Element of the General Plan.

2. New ownership residential development shall provide that 15 percent of the units created shall be affordable to low-income households or 20 percent of the units created shall be affordable to moderate-income households and the continued affordability shall be guaranteed by recorded deed restriction providing such set aside. Said deed restriction shall be not less than 45 years. Such a development project, which does not so provide shall be denied as inconsistent with the Housing Element of the General Plan.

3. Inclusionary units may be provided either on-site or at a different location within the City of Poway.

4. Inclusionary units should be reasonably disbursed throughout the development, should contain on the average the same number of bedrooms as the market-rate units in the development, and should be compatible with the design and use of remaining units in terms of appearance, materials and finish quality. The applicant shall have the option of reducing the interior amenity levels and square footage of inclusionary units, provided all units conform to the requirements of the City Building and Housing Codes.

B. Development Incentives.

1. Any development that includes inclusionary units shall be entitled to a density bonus and concessions or incentives as allowed pursuant to the affordable housing incentives contained in Article V of this chapter.

2. Developers may seek to utilize any available Federal and State subsidies in tandem with inclusionary units. The City shall provide assistance to developers to obtain such subsidies.

3. The City shall exercise its discretionary power with regard to zoning, planning and subdivision requirements related to minimum lot size, floor areas, parking, open space requirements, streets, sidewalks, the provision of other public improvements, and permit fees in such a manner as to facilitate the economic feasibility of housing projects with inclusionary units. (Ord. 701 § 4, 2009; Ord. 595 § 2, 2003; Ord. 424, 1993)

17.26.300 In-lieu fees.

A. The developer of for-sale or rental housing may, in lieu of providing required inclusionary housing on site or off site, pay a fee to the City as established by City Council resolution from time to time.

B. Fractional unit requirements shall be met through the payment of a proportional share of the in-lieu fee as established by City Council resolution from time to time.

C. Any payment made pursuant to this section shall be deposited in a reserve account in the general fund to be used only for the development or acquisition of very-low-, low-, and moderate-income housing. (Ord. 816 § 4, 2018; Ord. 683 § 69, 2008; Ord. 595 § 2, 2003; Ord. 424, 1993)

17.26.400 Appeal for adjustment, reduction or waiver.

A. An applicant of any project subject to the requirements of this article may appeal to the City Council for a reduction, adjustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the fee charged or the inclusionary requirement.

B. Any such appeal shall be made in writing and filed with the City Clerk not later than 10 days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the action complained of occurs after the first public hearing on such permit or approval, then the approval shall be filed within 10 days after payment of the fees objected to. The appeal shall set forth in detail the factual and legal basis for the claim of waiver, reduction or adjustment. The City Council shall consider the appeal at the public hearing on the permit application or at a separate hearing within 60 days after the filing of the appeal, whichever is later. The appellant shall bear the burden of presenting substantial evidence to support the appellant’s position. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee or inclusionary requirement. (Ord. 701 § 5, 2009; Ord. 642 § 1, 2006)

Article IV. Requests for Reasonable Accommodation under the Fair Housing Act

17.26.500 Purpose.

This article provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. (Ord. 699 § 2, 2009)

17.26.510 Definitions.

As used in this article:

“Acts” means the federal Fair Housing Amendments Acts of 1988 and the California Fair Employment and Housing Act.

“Applicant” means an individual who files an application for reasonable accommodation under this article.

“Individual with a disability” means any person who has a medical condition, physical disability, or mental disability as those terms are defined in the California Fair Employment and Housing Act (California Government Code Section 12900 et seq.). (Ord. 699 § 2, 2009)

17.26.520 Applicability.

A. A request for reasonable accommodation to make specific housing available to an individual with a disability may be made by any person, when the application of a requirement of a zoning or land use regulation or other City requirement, policy or practice acts as a barrier to fair housing opportunities.

B. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. This article is intended to provide for minor structural modifications and/or regulatory exceptions.

C. A reasonable accommodation cannot waive a requirement for a conditional use permit or development review permit when otherwise required, or result in approval of a use otherwise prohibited by the City’s land use and zoning regulations.

D. Nothing in this article shall be interpreted to require the City to waive or reduce development or building fees associated with the granting of a reasonable accommodation request.

E. A reasonable accommodation may be granted in compliance with this article without the need for approval of a variance in compliance with Chapter 17.50 PMC.

F. A request for reasonable accommodation shall comply with PMC 17.26.530 (Application requirements). (Ord. 699 § 2, 2009)

17.26.530 Application requirements.

A. Application. Requests for reasonable accommodation requiring review by the Director shall be submitted in the form of an administrative remedy letter request to the Director and shall contain the information listed below. All other requests shall require the approval of a minor development review by the City Council pursuant to Chapter 17.52 PMC and shall contain the following information in addition to the submittal requirements for a minor development review:

1. The applicant’s name, address and phone number;

2. Applicant’s representative’s name, address and phone number (if applicable);

3. Address and/or assessor’s parcel number of the property for which the request is being made;

4. Name and address of the property owner and the property owner’s written consent to the application;

5. The current actual use of the property;

6. The basis of the claim that the individual is considered disabled under the Acts;

7. The zoning provision, regulation or policy from which the reasonable accommodation is being requested;

8. The type of accommodation sought;

9. The reasons why the requested reasonable accommodation is necessary to make the specific property accessible to the individual; and

10. Copies of supportive information deemed necessary by the Department of Development Services to facilitate proper consideration of the request, consistent with the Acts.

B. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, conditional use permit, minor conditional use permit, development review, minor development review, general plan amendment, zone change, etc.), then the applicant shall file the information required by this section together for concurrent review with the application for discretionary approval.

C. Application Fee. The application fee for a request for reasonable accommodation shall be the same as the fee for an administrative remedy letter or minor development review, as appropriate, as contained on the City’s master fee schedule unless the request is being made concurrently with an application for some other discretionary approval, in which case, the applicant shall pay only the required application fee for the discretionary approval. (Ord. 699 § 2, 2009)

17.26.540 Approval authority, notice and decision.

A. Approval Authority.

1. Director. The Director of Development Services, or designee, has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this article, except as noted in subsection (A)(2) of this section.

2. City Council. The City Council has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this article, when a reasonable accommodation request entails new construction or the expansion of an existing structure that would otherwise require the approval of a variance pursuant to Chapter 17.50 PMC or where a modification to a grading standard is requested.

B. Notice. A notice to the immediately adjacent property owners is required at least 10 days in advance of a decision of the Director or a meeting of the City Council unless the request is being made concurrently with an application for discretionary approval in which case the notice shall be as required pursuant to that discretionary approval.

C. Decision. The Director shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation in compliance with PMC 17.26.550 (Findings and conditions). If the application is reviewed by the City Council, the City Council shall consider an application at the next reasonably available public meeting after an application has been deemed complete. A decision to approve, approve with conditions, or deny the application shall be made in compliance with the findings set forth in PMC 17.26.550 (Findings and conditions). (Ord. 699 § 2, 2009)

17.26.550 Findings and conditions.

A. Findings. The written decision to approve, approve with modifications or conditions, or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

1. Whether the housing in the request will be used by an individual with a disability under the Acts;

2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City;

4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;

5. Potential impacts on surrounding uses;

6. Physical attributes of the property and structures; and

7. Whether there are other reasonable accommodations that may provide an equivalent level of benefit.

B. Conditions of Approval. In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A of this section. The reviewing authority may condition the approval on any or all of the following, or other conditions as deemed appropriate.

1. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;

2. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

3. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

4. Measures to reduce the impact on surrounding uses;

5. Identification of other reasonable accommodations that may provide an equivalent level of benefit; and

6. Other conditions necessary to protect the public health, safety and welfare. (Ord. 699 § 2, 2009)

17.26.560 Appeal of determination.

A determination to grant or deny a request for reasonable accommodation may be appealed in compliance with Chapter 2.20 PMC. Decisions of the City Council are final. (Ord. 699 § 2, 2009)

Article V. Affordable Housing Incentives

17.26.600 Purpose and general plan consistency.

It is the goal of the City to provide adequate and appropriate housing opportunities for the needs of, and affordable to, current and future residents. The purpose of this article is to implement the housing element of the general plan; implement Sections 65915 through 65917 of the California Government Code; and provide incentives to developers for the production of housing affordable to very low-, lower-, and moderate-income households, and senior citizens and for the provision of child care facilities. (Ord. 701 § 6, 2009)

17.26.610 Definitions.

As used in this article:

“Affordable housing cost” means the allowable housing expenses paid by a qualifying household that does not exceed a specified fraction of the gross monthly income, adjusted for household size and as established in Section 50052.5 of the California Health and Safety Code.

“Affordable rent” means the allowable rental housing expenses paid by a qualifying household that does not exceed a specified fraction of gross monthly income adjusted for household size and as established by Section 50053 of the California Health and Safety Code.

“Allowable housing expense” means the total monthly or annual recurring expenses required of a household to obtain shelter. For a for-sale unit, allowable housing expenses include loan principal, loan interest, property and mortgage insurance, property taxes, homeowner’s association dues and a reasonable allowance for utilities. For a rental unit, allowable housing expenses include rent and a reasonable allowance for utilities.

“Child care facility” means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

“Concession” means any of the following:

1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements, and in the ratio of vehicular parking spaces that would otherwise be required that result in identifiable, financially sufficient and actual cost reductions.

2. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Other regulatory concessions or incentives proposed by the applicant or the City that result in identifiable, financially sufficient, and actual cost reductions.

“Condominium project” means a project as defined by California Civil Code Section 1351(f), as the same may be amended from time to time, or any state law replacing Section 1351(f).

“Density bonus” means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the City. The amount of density bonus to which the applicant is entitled shall vary in accordance with applicable provisions of this article.

“Development standard” means any site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.

“Housing development” means a development project for five or more residential units and includes a subdivision or planned community or condominium project, approved by the City, consisting of residential units or unimproved residential lots and includes either: (1) a project that substantially rehabilitates and converts an existing commercial building to residential use, or (2) the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units.

Incentive. See “Concession.”

“Lower-income household” means households of lower income as defined in Section 50079.5 of the California Health and Safety Code. At the time of the adoption of the ordinance codified in this article, a household whose median income is equal to or less than 80 percent of the area median income is lower income, and is considered to be able to afford rent that does not exceed 30 percent of 80 percent of the area median income.

“Maximum allowable residential density” means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

“Moderate-income household” means households of moderate income as defined in Section 50093 of the California Health and Safety Code. At the time of adoption of the ordinance codified in this article, a household whose median income is equal to or less than 120 percent of the area median income is moderate income, and is considered to be able to afford rent that does not exceed 30 percent of 120 percent of the area median income.

“Planned development” means a project as defined by California Civil Code Section 1351(k), as the same may be amended from time to time, or any state law replacing Section 1351(k).

“Qualifying resident” means a resident as defined by California Civil Code Section 51.3 as the same may be amended from time to time, or any state law replacing Section 51.3.

“Senior citizen housing development” means a development as defined by Sections 51.3 and 51.12 of the California Civil Code, or mobile home park that limits residency based on age requirements for housing older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.

“Specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

“Target dwelling unit” means a dwelling unit that will be offered for rent or sale exclusively to and which shall be affordable to the designated income group or qualified resident, as required by this article.

“Target income level” means the income standards for very low, lower and moderate income levels within San Diego County as determined annually by the U.S. Department of Housing and Urban Development.

“Very low-income household” means households of very low income as defined in Section 50105 of the California Health and Safety Code. At the time of the adoption of the ordinance codified in this article, a household whose median income is equal to or less than 50 percent of the area median income is very low income, and is considered to be able to afford rent that does not exceed 30 percent of 50 percent of the area median income. (Ord. 701 § 6, 2009)

17.26.620 Administration.

A. Applicability. The provisions established by this article apply to all applications for density bonuses and concessions and incentives made pursuant to Section 65915 of the California Government Code.

B. Application. All affordable housing projects proposing to utilize the density bonus, concession or incentive provisions of this article shall be required, at a minimum, to submit a development review application. For moderate income household projects, a specific plan shall also be required. A development review or specific plan shall be used to waive any development standards that would otherwise serve to prohibit the implementation of this article. The granting of a density bonus, concession or incentive consistent with this article shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. In addition to the standard application submittal requirements, the following additional information shall be provided with any density bonus request:

1. The total number of requested housing units above the amount allowed by the existing zoning and any additional incentives being requested.

2. The number of affordable units by number of bedrooms and income group to be provided by the project.

3. The term of affordability for the affordable units.

4. The standards for maximum qualifying incomes for affordable units.

5. The process to be used to verify tenant/homeowner incomes.

6. The process for monitoring the continued affordability of the units.

7. How vacancies will be marketed and filled.

8. Restrictions and enforcement mechanisms in the event of failure to maintain affordability provisions.

9. The type and justification for the specific concession(s) or incentive(s) the applicant is seeking, information regarding the concession(s) or incentive(s), and to request, if desired, to meet with the City regarding the concession or incentive request.

10. Any other provisions deemed necessary by the City. (Ord. 741 § 2, 2012; Ord. 701 § 6, 2009)

17.26.630 Qualifications for density bonus and concession(s) or incentive(s).

A. The City shall grant one density bonus, as specified in PMC 17.26.640, and concessions or incentives, as described in PMC 17.26.680, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this article, that will contain at least one of the following:

1. Five percent of the total units of a housing development for very low-income households.

2. Ten percent of the total units of the housing development for lower-income households.

3. A senior citizen housing development.

4. Ten percent of the total units of a condominium project or planned development as affordable housing units affordable to moderate-income households; provided, that all units in the development are offered to the public for purchase subject to the restrictions specified in this article.

B. As used in subsection A of this section, the term “total units” does not include units permitted by a density bonus awarded pursuant to this section or any other local law granting a greater density bonus.

C. Each applicant who requests a density bonus pursuant to this article shall elect whether the bonus shall be awarded on the basis of subsection (A)(1), (2), (3), or (4) of this section. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low-income affordable housing units, lower-income affordable housing units or moderate-income affordable housing units, or the development’s status as a senior citizen housing development. Density bonuses from more than one category may not be combined. (Ord. 701 § 6, 2009)

17.26.640 Specified density bonus percentages.

A. Only housing developments consisting of five or more dwelling units that comply with PMC 17.26.630 are eligible for the density bonus percentages provided by this article. For the purposes of this section, density bonus shall mean a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the City. The density bonus is based on the percentage of affordable units as indicated in the tables in this section. The percentage of affordable units shall be determined prior to applying the density bonus. The applicant may elect to accept a lesser percentage of density bonus.

B. Density Bonus for Very Low-Income Units. If the housing development provides five to 11 percent of the total housing units for very low-income households, the density bonus shall be calculated as follows:

Density Bonus for Very Low-Income Units
Percentage of Very Low-Income Units	Percentage Density Bonus over the Maximum Allowable Residential Density
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5
11	35

C. Density Bonus for Lower-Income Units. If the housing development provides 10 to 20 percent of the total housing units for low-income households, the density bonus shall be calculated as follows:

Density Bonus for Lower-Income Units
Percentage of Lower-Income Units	Percentage Density Bonus over the Maximum Allowable Residential Density
10	20
11	21.5
12	23
13	24.5
14	26
15	27.5
16	29
17	30.5
18	32
19	33.5
20	35

D. Density Bonus for Senior Citizen Housing Development. If the development is a senior citizen housing development, the density bonus shall be 20 percent of the number of senior housing units.

E. Density Bonus for Moderate-Income Units. If the housing development provides 10 to 40 percent of the total housing units of a condominium project or planned development affordable to moderate-income households and all the units of the development are offered to the public for purchase subject to the restrictions specified in PMC 17.26.710, the density bonus shall be calculated as follows:

Density Bonus for Moderate-Income Units
Percentage Moderate-Income Units	Percentage Density Bonus over the Maximum Allowable Residential Density
10	5
11	6
12	7
13	8
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

F. An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant is entitled to under this article. All density bonus calculations resulting in a fractional number shall be rounded upwards to the next whole number.

G. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower-income households are located. (Ord. 701 § 6, 2009)

17.26.650 Donation of land for very low-income housing.

A. Density Bonus for Land Donation. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City or another developer that is to be used to develop housing for very low-income households, the applicant shall be entitled to density bonus above the otherwise maximum allowable residential density for the entire residential development as noted in the table below, provided the conditions contained in subsection B of this section are met:

Density Bonus for Land Donation
Percentage Very Low-Income Units With Land Donation	Percentage Density Bonus over the Maximum Allowable Residential Density
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

The density bonus noted in the table above shall be in addition to any density bonus granted pursuant to PMC 17.26.630, up to a maximum combined density increase of 35 percent, if an applicant seeks both the increase pursuant to this section and PMC 17.26.630. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subsection shall be construed to enlarge or diminish the City’s authority to require an applicant to donate land as a condition of development.

B. An applicant shall be eligible for the density bonus described in subsection A of this section if all of the following conditions are met:

1. The applicant donates and transfers land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development.

3. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in Section 65583.2(c)(3) of the California Government Code, and is or will be served by adequate public facilities and infrastructure.

4. The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent development review to the extent authorized by Section 65583.2(i) of the California Government Code if the design is not reviewed by the City prior to the time of transfer.

5. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with PMC 17.26.710, which shall be recorded on the property at the time of the transfer.

6. The land is transferred to the local agency or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to a developer.

7. The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development.

8. A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. (Ord. 701 § 6, 2009)

17.26.660 Bonus and incentives for housing with child care facilities.

A. When an applicant proposes to construct a housing development that conforms to the requirements of PMC 17.26.630 and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project, the City shall grant either of the following if requested by the developer:

1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or

2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B. A housing development shall be eligible for the density bonus or concession described in this section if the City, as a condition of approving the housing development, requires all of the following to occur:

1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to PMC 17.26.710.

2. Of the children who attend the child care facility, the children of very low-income households, lower-income households, or moderate-income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or moderate- income households pursuant to PMC 17.26.630.

C. Notwithstanding any requirement of this section, the City shall not be required to provide a density bonus or concession or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

D. The application and review process for the provision of child care facilities and related density bonus or concessions or incentives is set forth in PMC 17.26.620. (Ord. 701 § 6, 2009)

17.26.670 Residential condominium conversions.

A. The City shall grant either a density bonus of 25 percent or in-lieu incentive(s) of equivalent financial value to an applicant or developer proposing to convert apartments to condominiums pursuant to PMC Title 16, and who agrees to provide either of the following:

1. A minimum 33 percent of the total units of the housing development as restricted and affordable to persons and families of very low, lower, or moderate income; or

2. A minimum of 15 percent of the total units of the housing development as restricted and affordable to persons and families of lower-income households.

B. An applicant proposing to convert apartments to condominiums shall be ineligible for a density bonus or in-lieu incentive(s) under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or in-lieu incentive(s) were previously provided under this article.

C. In determining the number of density bonus dwelling units to be granted pursuant to the standards of this section, the number of existing apartment units within the structure or structures proposed for conversion shall be multiplied by 0.25. Any resulting decimal fraction shall be rounded up to the next whole number.

D. In determining the number of target dwelling units to be reserved pursuant to the standards of this section, the number of existing apartment units within the structure or structures proposed for conversion shall be multiplied by 0.33 for moderate- or lower-income units or 0.15 for lower- or very low-income units. Any resulting decimal fraction shall be rounded up to the next whole number.

E. The density bonus shall not be included when determining the number of housing units, which is equal to 33 percent or 15 percent of the total units of the housing development.

F. In cases where a density increase of less than 25 percent is requested, no reduction will be allowed in the number of target dwelling units required.

G. A density bonus housing agreement shall be made a condition of the density bonus approval. The density bonus housing agreement shall be consistent with PMC 17.26.720.

H. Upon application by a developer pursuant to this title, the final decision-making authority of the City shall grant either a density bonus and at least a concession or incentive, or in-lieu incentive(s) of equivalent financial value, to qualified lower-income and/or moderate-income housing developments unless specific findings are made pursuant to California Government Code Section 65589.5(d).

I. The value of each incentive will vary from project to project; therefore, additional incentives or in-lieu concession(s) or incentive(s) shall be determined on a case-by-case basis.

J. This section shall not limit or require the City to provide direct financial incentives or publicly owned land for the housing development, or to waive fees or dedication requirements. All concessions or incentives are to be negotiated between the City and the developer.

K. It is the exclusive prerogative of the City to offer in-lieu concession(s) or incentive(s) of equivalent financial value, based upon the land cost per dwelling unit, instead of a density bonus and at least one additional incentive.

L. Nothing in this section shall be construed to require the City to approve a proposal to convert apartments to condominiums. (Ord. 701 § 6, 2009)

17.26.680 Incentive(s) and concession(s).

A. An applicant for a density bonus may also submit to the City a proposal for specific concession(s) or incentive(s) in exchange for the provision of affordable housing units in accordance with this article. All requests for concessions or incentives in association with applications for a density bonus are subject to PMC 17.26.630. Applicants may request a meeting with the City to discuss requests pursuant to this section.

B. The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of any of the following:

1. The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code;

2. The concession or incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low-, lower- or moderate-income households; or

3. The concession or incentive would be contrary to state or federal law.

C. If the conditions of PMC 17.26.630 are met by an applicant making a request pursuant to this section, the City shall grant the applicant the following number of concessions or incentives:

1. One incentive or concession for projects that include at least 10 percent of the total units affordable to lower-income households, at least five percent for very low-income households, or at least 10 percent for persons and families of moderate income in a condominium or planned development.

2. Two concessions or incentives for projects that include at least 20 percent of the total units for lower-income households, at least 10 percent very low-income households, or at least 20 percent for persons and families of moderate income in a condominium or planned development.

3. Three concessions or incentives for projects that include at least 30 percent of the total units for lower-income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate income in a condominium or planned development.

The requirements to qualify for concessions or incentives are summarized in the following table:

Summary of Requirements to Qualify for Concessions or Incentives
Income Category	Percentage of Units Needed to Qualify for Concessions or Incentives
Very low income (rental)	5%	10%	15%
Lower income (rental)	10%	20%	30%
Moderate income (for-sale common interest development only)	10%	20%	30%
Allowable number of incentives	1	2	3

D. Nothing in this section shall be interpreted to require the City to grant a concession or incentive that has a specific adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

E. Nothing in this section shall be interpreted to require the City to grant a concession or incentive that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

F. Nothing in this section shall limit or require the provisions of direct financial incentives for the housing development, including the provision of publicly owned land by the City, or the waiver of fees or dedication requirements. (Ord. 701 § 6, 2009)

17.26.690 Waiver or modification of development standards.

A. An applicant may submit to the City a proposal for the waiver, modification or reduction of development standards that will otherwise physically preclude the construction of a development meeting the criteria of PMC 17.26.630 at the densities or with the concession(s) or incentive(s) permitted by this article. The applicant may also request a meeting with the City to discuss such waiver, modification or reduction.

B. In order to obtain the waiver, modification or reduction in development standards, the applicant shall show that the development standards will have the effect of physically precluding the construction of a housing development meeting the criteria of PMC 17.26.630, at the densities or with the concessions or incentives permitted by this article.

C. Nothing in this section shall be interpreted to require the City to waive or reduce development standards if the waiver or reduction would have a specific adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

D. Nothing in this section shall be interpreted to require the City to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.

E. A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of concessions or incentives to which the applicant is entitled pursuant to PMC 17.26.680. (Ord. 701 § 6, 2009)

17.26.700 Parking standards.

A. A developer may request that the parking standards list in this section be applied if the housing development meets any of the criteria in PMC 17.26.630. If requested, the City shall grant the following maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by the developer:

1. Zero to one bedroom dwelling unit: one on-site parking space.

2. Two to three bedrooms: two on-site parking spaces.

3. Four or more bedrooms: two and one-half parking spaces.

B. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

C. These parking standards may be granted when requested by a developer even if no density bonus is requested; provided, that all the criteria of PMC 17.26.630 are met. (Ord. 701 § 6, 2009)

17.26.710 Continued affordability.

A. An applicant shall agree to, and the City shall ensure, continued affordability of all very low- and lower-income units that qualified the applicant for the award of the density bonus for a period of 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the very low- and lower-income density bonus units shall be set at an affordable rent. Owner-occupied affordable housing units shall be available at an affordable housing cost.

B. An applicant shall agree, and the City shall ensure, that the initial occupants of moderate-income units that are directly related to the receipt of the density bonus in a condominium project in the planned development are persons and families of moderate income and that the units are offered at an affordable housing cost. The City shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source law. The following shall apply to the equity-sharing agreement:

1. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which amount shall be used within five years for any of the purposes that promote home ownership as described in Section 33334.2(e) of the Health and Safety Code.

2. For purposes of this subsection, the City’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

3. For purposes of this subsection, the City’s proportionate share of appreciation shall be equal to the ratio of the City’s initial subsidy to the fair market value of the home at the time of initial sale. (Ord. 701 § 6, 2009)

17.26.720 Density bonus, incentive or concession housing agreement required.

A. Applicants/developers requesting a density bonus, concession or incentive shall demonstrate compliance with this article by the preparation and approval of a density bonus, incentive or concession housing agreement (agreement). The terms of the agreement shall be subject to review by the Director of Development Services, the Director of Redevelopment Services and the City Attorney.

B. Following execution of the agreement by the applicant and the City, the completed agreement, or memorandum thereof, shall be recorded. The conditions contained in the agreement shall be filed and recorded as a deed restriction on the parcel or parcels designated for the construction of target units at the time of final map recordation, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application.

C. At a minimum, the agreement shall include the following:

1. The total number of units proposed within the housing development, including the number of density bonus units and the number of target units;

2. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sale price and housing cost;

3. The location, unit sizes (square feet) and number of bedrooms of target units;

4. Tenure of use restrictions for target units of at least 30 years;

5. A schedule for completion and occupancy of the target units;

6. A description of any additional incentives and/or financial assistance being provided by the City;

7. A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement);

8. Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for rental target dwelling units; and

9. Other provisions to ensure implementation and compliance with this article.

D. In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period.

1. Target units shall, upon initial sale, be sold to and occupied by eligible very low-, lower-income, or, in the case of a condominium or planned development, moderate-income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing).

2. The initial purchase of each target unit shall execute an instrument or agreement, approved by the City Attorney, restricting the sale of the target unit in accordance with this article during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the City may require ensuring continued compliance with this article and the state density bonus law.

E. In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period:

1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and the proper management and maintenance of target units for qualified tenants;

2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this article; and

3. Provisions requiring owners to submit an annual report to the City, which includes the name, address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. (Ord. 701 § 6, 2009)

Article VI. Affordable Housing Overlay Zone

17.26.730 Purpose.

The purpose of the affordable housing overlay zone is to establish a process and an area that will permit the construction of residential development at densities beyond that allowed by the current/underlying zone. The provisions of the overlay zone apply specifically to affordable housing. The intent of the affordable housing overlay zone is to:

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)

17.26.740 Applicability.

A. Affordable housing overlay zone shall be applied to the areas and/or parcels identified in the housing element of the Poway general plan. The list of overlay properties identified in the housing element may be modified by the City Council from time to time to meet future Regional Housing Needs Allocation unit requirements.

B. The affordable housing overlay designation may be attached to property within any land use category, including 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)

17.26.750 Definitions.

“Affordable housing-low” (AH-L) means an overlay zone with housing unit densities of up to 30 dwelling units per acre and typically requires an income qualification of less than 80 percent of San Diego County’s area median income. The provisions of the AH-L apply specifically to affordable housing. Unless otherwise specified, all other development regulations shall comply with the standards of the underlying zoning as described in the PMC, and any applicable specific plans.

“Affordable housing-moderate” (AH-M) means an overlay zone with housing unit densities of up to 30 dwelling units per acre and typically requires an income qualification between 81 and 120 percent of San Diego County’s area median income. Housing typically developed under this overlay is detached and/or attached single-family homes. The provisions of the AH-M apply specifically to affordable housing. Unless otherwise specified, all other development regulations shall comply with the standards of the underlying zoning as described in the PMC and any applicable specific plans.

Other related definitions are included by reference in PMC 17.26.100, 17.26.510 and 17.26.610. (Ord. 741 § 3, 2012)

17.26.760 Permitted uses.

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)

17.26.770 Development standards.

A. Residential projects developed under the provisions of this chapter shall be designed and processed in the time and manner set forth below.

1. General Guidelines. The affordable units required under this section:

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*, 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*, 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* 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)

* Code reviser’s note: As provided in Ordinance No. 741, adopted 4/17/12; Section 17.08.200 was repealed by Ordinance No. 701, adopted December 15, 2009.

Article VII. Homeless Shelters

17.26.780 Purpose.

It is the goal of the City to provide adequate and appropriate housing opportunities for the needs of, and affordable to, all residents. The purpose of this article is to implement the Housing Element of the General Plan and implement Section 65583 of the California Government Code, which requires the City to provide the ability to accommodate at least one year-round shelter for the unsheltered homeless population of Poway. (Ord. 805 § 3, 2017)

17.26.790 Definitions.

“Homeless” means any of the following:

A. An individual or family who lacks a fixed, regular and adequate nighttime residence, meaning:

1. An individual or family with a primary nighttime residence that is a public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;

2. An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by Federal, State or local government programs for low-income individuals; or

3. An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or in a place not meant for human habitation immediately before entering that institution;

B. An individual or family in imminent danger of losing their primary nighttime residence; provided, that:

1. The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;

2. No subsequent residence has been identified; and

3. The individual or family lacks the resources or support networks (e.g., family, friends, faith-based or other social networks) needed to obtain other permanent housing;

C. Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:

1. Are defined as homeless under any State or Federal act, statute or regulation;

2. Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of the application for homeless assistance;

3. Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and

4. Can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence, childhood abuse (including neglect), the presence of a child or youth with a disability, or two or more barriers to employment, which include the lack of a high school degree or General Education Development (“GED”), illiteracy, low English proficiency, a history of incarceration, or detention for criminal activity, and a history of unstable employment; or

D. Any individual or family who:

1. Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life threatening conditions that relate to violence against the individual or a family member, including a child, which has either taken place within the individual’s or family’s primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;

2. Has no other residence; and

3. Lacks the resources or support networks (e.g., family, friends, faith-based or other social networks) to obtain other permanent housing.

“Homeless shelter” means residential units managed by an agency whose primary purpose is to provide temporary shelter and social services for families and/or individuals who are homeless or have been involuntarily displaced from their previous residence. (Ord. 805 § 3, 2017)

17.26.800 Applicability.

A. Homeless shelters shall only be considered in the residential apartment (RA) zone.

B. A homeless shelter may be granted in compliance with this article without the need for approval of a discretionary permit by the City.

C. Nothing in this article shall be interpreted to require the City to waive or reduce development or building fees associated with the granting of approval of a homeless shelter. (Ord. 805 § 3, 2017)

17.26.810 Permitted uses.

Permitted land uses include those listed in the land use matrix in the PMC as permitted, accessory or conditional in the underlying zone district. Homeless shelters are considered a permitted use in the RA zone only. Subject to the approval of the Director of the Development Services Department, accessory uses are permitted that are complementary to, and can exist in harmony with, a residential apartment development, and are consistent with the uses and requirements set forth in Chapter 17.08 PMC as they relate to the RA zone. (Ord. 805 § 3, 2017)

17.26.820 Development standards.

The purpose of these standards is to ensure the development of homeless shelters does not adversely impact adjacent parcels or the surrounding neighborhood, and shall be developed in a manner that protects the health, safety, and general welfare of the nearby residents and businesses, while providing for the housing needs of a needy segment of the community. Unless otherwise specified, homeless shelters shall follow the development standards of the RA zone.

A. Qualifications. The applicant shall be a qualified agency with knowledge, understanding, and demonstrable experience in the operation and management of a homeless shelter.

B. Management Plan. The applicant shall prepare and submit for approval to the City a written management plan including, as applicable, provisions for staff training; neighborhood outreach; security; screening of tenants to ensure compatibility with services provided at the facility; training, counseling, and treatment programs for tenants; and the tenant’s ability to transport, or have access to public transportation to those locations where off-site services are provided.

C. Client Screening. The applicant shall establish a screening process to ensure that proposed tenants meet the minimum qualifications as homeless as defined in PMC 17.26.790.

D. Maximum Client Stay. Tenants shall be limited to a maximum stay of no more than six months.

E. Maximum Unit Density. Homeless shelters shall be subject to the underlying zoning district’s maximum unit density standard regarding units per acre. The total number of beds in all shelters shall not exceed twice the number of homeless people living in the City of Poway as identified in the most recent San Diego County Regional Task Force for the Homeless annual count.

F. Property Maintenance. The applicant shall ensure that the facility is clean and litter free at all times. The grounds shall be landscaped with materials that are compatible with the surrounding neighborhood, and maintained in a trim- and weed-free state. The structure shall be painted and maintained such that it is compatible with structures existing in the surrounding neighborhood.

G. Shelter Operation. The buildings used to shelter the homeless shall comply with City, County and State building, fire and health codes, and must be maintained in a safe and sanitary condition at all times.

H. Intake Areas. The design of the facility shall denote the size and location of exterior and/or interior waiting and intake areas, if any.

I. Common Facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the tenants and staff:

1. Central cooking and dining rooms(s);

2. Recreation room;

3. Counseling center;

4. Child care facilities; and

5. Other support services.

J. Parking. Parking requirements shall be based on a demonstrated need and approved by the City and shall use, at a minimum, those standards identified for the RA zone.

K. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, be of an intensity compatible with the neighborhood, and consistent with PMC 17.08.220(L).

L. Laundry Facilities. Adequate laundry facilities or services shall be provided to serve the number of tenants within the facility. The number of washers and dryers shall be consistent with the ratio required by the RA zone.

M. Noise. Noise levels shall be regulated by provisions contained within the City of Poway noise ordinance.

N. Outdoor Activity. For the purposes of noise abatement in residential districts, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m.

O. Shelters should be situated in close proximity to, and have convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property.

P. Concentration of Uses. No more than one homeless shelter shall be permitted within a radius of 300 feet from another such shelter. (Ord. 805 § 3, 2017)

17.26.830 Guidelines and other development standards.

Residential projects developed under the provisions of this chapter shall be designed and processed in the time and manner set forth below.

A. General Guidelines. Homeless shelters proposed under this article:

1. Shall be comparable in the number of bedrooms, exterior appearance and overall quality of construction with surrounding apartment complexes and/or residences;

2. Shall be of good quality and be consistent with contemporary building standards for new housing;

3. Shall be built in conformance with the current building codes, including energy efficiency;

4. Shall be designed to be aesthetically pleasing and consistent with the City’s architectural and design standards referenced in the Poway General Plan and any relevant specific plan; and

5. Shall incorporate adequate security measures within the structure, parking lot and outdoor areas, such as appropriate fencing and cameras deemed necessary to ensure the safety of the tenants and employees within the homeless shelter, visitors, and those residing in adjoining residential units or complexes.

B. Other Property Development Standards. Homeless shelters proposed under this article shall:

1. Comply with PMC 17.08.160, Property development standards – General requirements; and

2. Comply, as appropriate, with PMC 17.08.220 (Property development standards – Special requirement for RC and RA zones).

Conversion of an existing apartment complex, duplex, or single-family home to a homeless shelter shall be in compliance with the aforementioned development standards. With the conversion of a single-family home to a homeless shelter building, occupancy and fire codes will limit the number of tenants. (Ord. 805 § 3, 2017)