Chapter 17.26
SPECIAL USES AND CONDITIONS Amended Ord. 699
Sections:
Article I. General Provisions
17.26.010 Applicability.
Article II. Temporary Uses
17.26.020 Purpose.
17.26.030 Temporary uses listed.
17.26.040 Permits and bonds.
17.26.050 Extension or modification of limitations.
17.26.060 Condition of site following temporary usage.
17.26.070 Fee.
Article III. Inclusionary Housing Requirements
17.26.100 Definitions.
17.26.200 Inclusionary requirements.
17.26.300 In-lieu fees.
17.26.400 Appeal for adjustment, reduction or waiver.
Article IV. Request for Reasonable Accommodation Under the Fair Housing Act Added Ord. 699
Article I. General Provisions
17.26.010 Applicability.
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, except as noted in PMC 17.26.030. (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 will require the submittal and approval of a minor conditional use permit, which shall required City Council approval;
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 no more than two such events in a six-month period with a minimum of 30 days between events;
2. City Council approval is required for a special promotional parking lot sales event longer than 34 days, for events that occur more frequently than every 30 days, or in instances where more than two such events are requested in a six-month period;
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 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, 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 designed for mobile trailer units for uses including, but not limited to, classrooms, offices, and banks, for periods not to exceed 90 days, subject to a minor development review permit. Requests for such uses for more than 90 days in duration shall require the approval of a minor conditional use permit by the City Council. 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;
O. Mobile home residences for security purposes on the site of an active construction 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 to be similar to the foregoing in the manner prescribed by PMC 17.02.040. (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)
17.26.040 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. (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. 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. 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. 113 § 1 (Exh. A 6.0.6), 5, 1983; Ord. 100 § 1, 1983)
Article III. Inclusionary Housing Requirements
17.26.100 Definitions.
“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 ownership 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. 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 at least equal to the percentage of inclusionary units, to the density bonus mandated by State density bonus law, or other development incentives of equivalent financial value if the density bonus is infeasible.
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. 595 § 2, 2003; Ord. 424, 1993)
17.26.300 In-lieu fees.
A. The developer of for-sale 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. 683 § 69, 2008; Ord. 595 § 2, 2003; Ord. 424, 1993)
17.26.400 Appeal for adjustment, reduction or waiver.
A. A developer of any project subject to the requirements of this chapter 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. 642 § 1, 2006)
Article IV. Request for Reasonable Accommodation Under the Fair Housing Act Added Ord. 699