May 21, 2024, Item #12
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 21, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /M
Stan Donn, City Planner !7ul
858-668-4604 or [email protected]
CITY COUNCIL
Amendments to Chapters 17.08, 17.30 and 17.52 of the Poway Municipal Code Regarding Minor Development Review Applications; Zoning Ordinance Amendment (ZOA 24-0002)
City Staff, in accordance with direction from the Mayor and City Council at the February 6, 2024, meeting, prepared amendments to the Poway Municipal Code (PMC) for eliminating certain requirements of the Minor Development Review Application (MORA). The proposed amendments would eliminate the City's requirement for MDRAs for the construction of a single home, additions, remodels, detached accessory structures, and unlighted recreational courts.
Recommended Action:
It is recommended the City Council introduce the Ordinance (Attachment A) for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the June 4, 2024 regular City Council meeting.
Discussion:
On February 6, 2024, the Mayor presented a Mayor Initiated Item to the City Council (Attachment B) regarding MDRAs for Residential Projects, which outlined the current requirements for MDRAs and associated issues pertaining to costs and time involved with processing these approvals. To improve efficiencies and reduce unnecessary costs and time associated with the development process for MDRAs, a recommendation to eliminate the MORA requirement for the construction of a single home, additions, remodels, detached accessory structures, and unlighted recreational courts was presented.
The City Council concurred with the Mayor's recommendation and directed City staff to prepare the requested amendments to the PMC.
The proposed Ordinance would eliminate the City's current requirement for an MORA for the construction of a single-family home, additions and remodels that add 750 square feet or more of habitable space, detached accessory structures greater than 1,500 square feet and unlighted 1 of 11
May 21, 2024, Item #12
recreational courts.
PMC Amendments
The following Chapters of the PMC associated with the MDRA are proposed to be amended to eliminate the MDRA requirement:
1. 17.08.180 -Accessory buildings and structures. The requirement for accessory building or structure that results in a new habitable space that is 750 square feet or larger.
2. 17.08.180(C)(1) -The requirement on lots less than two net acres in size, a detached non habitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet.
3. 17.08.21 0(B) -Manufactured housing development standards. The requirement for a minor development permit for the installation of a manufactured home if more than 10 years have elapsed between the date of the manufactured and the date a complete minor development review application for installation of that home is received.
4. 17.30.01 0(A) -The requirements for unlighted recreational courts.
5. 17.52.050(A) (1) -Single-Family homes not within tract subdivision.
6. 17.52.050(A)(2) -Construction of an addition to a single-family home, a detached accessory building and/or reconstruction of a single-family home which results in more than an additional 750 square feet of habitable space.
7. 17.52.050(A)(3) -On lots less than two net acres in size, the construction of a detached non habitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the man residence on the lot but is greater than 1,500 square feet gross floor area, as allowed pursuant to PMC 17.08.180(C).
Development Services Information Sheet
Some projects or project sites can trigger other requirements that need to be met prior to the issuance of a building permit. The MDRA provides a mechanism to identify all necessary permits and approvals associated with a project. In order to provide that information to an applicant without a MDRA, staff has developed an information sheet (Attachment C) outlining other possible requirements and where to find information about them, including whether they are applicable to a project. This will help an applicant determine timing and sequencing of various components of their project. Examples include, but are not limited to, projects in the Habitat Conservation Plan (HCP) that impact habitat, projects that trigger a grading permit, sites with cultural resources, and projects within the very high fire hazard zone. The information sheet will provide applicants with guidance regarding additional information that may be required if the project triggers other approvals in addition to a building permit.
Environmental Review:
The proposed Ordinance amends the PMC is not a "Project" as defined under Section 15378(b)(5) of the California Environmental Quality Act (CEQA) State Guidelines; therefore, no environmental review is required.
Fiscal Impact:
None.
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May 21, 2024, Item #12
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftian on May 9, 2024.
Attachments:
' A. Ordinance
B.
C.
February 6, 2024 Memorandum
Information Sheet
Reviewed/Approved By:
Wendy aserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
May 21, 2024, Item #12
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTERS 17.08, 17.30
AND 17.52 OF THE POWAY MUNICIPAL CODE TO ELIMINATE
THE MINOR DEVELOPMENT REVIEW REQUIREMENT FOR
CERTAIN TYPES OF PROJECTS
WHEREAS, the City Council of the City of Poway wishes to protect and preserve the quality of the residential and commercial areas of the City, as well as the quality of life throughout the City, through effective land use and planning, and process improvements; WHEREAS, the City Council of the City of Poway has determined it is unnecessary to require a Minor Development Review Application (MORA) for the construction of a single home, additions, remodels, detached accessory structures and unlighted recreational courts in the City; WHEREAS, the City Council of the City of Poway directed City staff to prepare amendments to the Poway Municipal Code (PMC) to eliminate the MORA requirement for the construction of a single home, additions, remodels, detached accessory structures and unlighted recreational courts in the City;
WHEREAS, City staff has prepared amendments to the PMC to eliminate the MORA requirement for the construction of a single home, additions, remodels, detached accessory structures and unlighted recreational courts in the City; and WHEREAS, the PMC amendments are opportunities to cut red tape, improve efficiencies and reduce unnecessary costs and time associated with the development process, particularly for individual property owners trying to build a single home, complete an addition, remodel, a detached accessory structure, or build an unlighted recreational court.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council hereby approves this Ordinance and amends certain sections of the PMC as specified below. Removals are indicated with strikethroughs. Additions are indicated with underlines.
SECTION 3: The City Council finds that this Ordinance amending the PMC is not a "Project" as defined under Section 15378(b)(5) of the California Environmental Quality Act (CEQA) State Ouidelines; therefore, no environmental review is required.
SECTION 4: Section 17.08.180 of the PMC shall be amended as follows:
An accessory building or structure, attached to or detached from the main residence, shall be located on a lot that contains a main residence and shall comply with the setback, height and lot coverage requirements as contained in PMC 17.08.160 except as provided in this section. Except for an accessory dwelling unit or a junior accessory d111elling unit as described in subsection A of this section, a minor development review application shall be required for an accessory building or structure that results in ne'N habitable space that is 750 square feet or larger. Except as 4 of 11
ATTACHMENT A
May 21, 2024, Item #12
Ordinance No. ***
provided in subsection A of this section, No accessory building or structure shall attach to a main residence unless setbacks for the main residence are complied with for all structures to be attached.
SECTION 5: Section 17.08.180(C)(1) of the PMC shall be amended as follows:
C.1. Size. On lots less than two net acres in size, a detached nonhabitable accessory building shall not be greater than 50 percent of the gross floor area of the living space of the main residence on the lot or 1,500 square feet, whichever is less. A garage with a gross floor area no greater than 600 square feet is permitted regardless of the living space of the main residence, if no other garage is located on the lot. A detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet may be approved with a minor development review permit pursuant to Chapter 17.52 PMC. On lots two net acres or more in size, the size limits for nonhabitable accessory buildings and garages do not apply.
SECTION 6: Section 17.08.210(8) shall be amended as follows:
B. A manufactured home may not be installed if more than 10 years have elapsed between the date of manufacture of the manufactured home and the date a complete minor development review permit application for installation of that home is received.
SECTION 7: Section 17.30.01 0(A) shall be amended as follows:
A. Unlighted private recreational courts may be permitted as an accessory use in single-family zones, subject to the standards contained in PMC 17.30.020.:. and to the approval of a minor development revievv by the Director of Development Services.
SECTION 8: Section 17.52.050(A) shall be amended as follows:
A. The Director shall have the authority to approve, deny or modify applications for minor development review projects as designated below:
1. Single family homes not within a tract subdivision, i.e., custom homes.
2. Construction of an addition to a single family home, a detached accessory building and/or reconstruction of a single family home which results in more than an additional 750 square feet of habitable space. This section shall also apply to multiple additions if, in any 12 month period, a building permit is issued for more than one addition to a single family home or detached accessory building and the total square footage of the approved additions results in more than an additional 750 square feet of habitable space. If the construction of an addition that is less than 750 square feet of habitable space has received final approval from the City at least one year prior to the submittal of a request for a new addition of habitable space, the square footage of the prior addition shall not count toward the 750 square foot threshold.
3. On lots less than two net acres in size, the construction of a detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet gross floor area, as allowed pursuant to PMC 17.08.180(C)(1).
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May 21, 2024, Item #12
Ordinance No. ***
_1.4. Remodeling, alterations or additions of commercial and industrial buildings that total less than 10,000 square feet of gross floor area or 25 percent of the gross floor area of an existing building on the site, whichever is more restrictive .
.6..c5. Construction or alteration of utility facilities in, on, over, upon, across, and along the public streets and public rights-of-way within the City of Poway shall require approval of a minor development review permit from the Director of Development Services if the facilities include a surface-mounted cabinet with a dimension (width, height, or length) greater than 36 inches, or where more than one cabinet of any size is located closer than 100 feet to another cabinet of any size. Exempt from this requirement are facilities placed underground. The applicant shall comply with the "Guidelines for the Placement of Utility Facilities in the Public Rights-of-Way." SECTION 9: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 10: This Ordinance shall be codified.2
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 21st day of May, 2024 and thereafter II
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May 21, 2024, Item #12
Ordinance No. ***
PASSED AND ADOPTED at a regular meeting of said City Council held the 4th day of June, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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May 21, 2024, Item #12
DATE:
TO:
FROM:
SUBJECT:
Summary:
M EM ORAN OLJ M City of Poway
February 6, 2024
Members of the City Council
Mayor Steve Vaus
Minor Development Review Application for Residential Projects The development review and permitting process is guided by numerous requirements set forth in state, county and local laws. While the City does not have control over state and county laws, we do have the opportunity, and I would argue the responsibility, to regularly review processes set forth in the Poway Municipal Code (PMC) to see where there are opportunities to cut red tape, improve efficiencies and reduce unnecessary costs and time associated with the development process. particularly for individual property owners trying to build a single home, complete an addition, remodel. a detached accessory structure, or build an unlighted recreational court.
Currently, per the PMC, the following types of projects require the processing and approval of a Minor Development Review Application (MORA) before a Building Permit application can be accepted by the City:
• A new single-family home. (Multiple new homes that are part of a tract housing project require a Development Review Application).
• A single-family home addition/remodel which results in 750 square feet, or more, of habitable space.
• A detached, non-habitable, accessory structure that exceeds 1,500 square feet on a residential lot less than 2 acres.
• Unlighted recreational courts.
• Additions to commercial buildings which are less than 10,000 square feet or 25 percent (25%) of the existing square footage, whichever is more restrictive. • Significant exterior renovations to commercial buildings. • Above ground public utility boxes that have a dimension of greater than 36 inches in any direction or any utility box within 100 feet of an existing utility box. • Other ground mounted equipment on commercial and industrial lots that are not enclosed within a wall or fence.
• Telecommunication facilities located within the South Poway Business Park.
While the MORA process is intended to help applicants by providing staff an opportunity to thoroughly review projects and identify potential issues prior to the building permit process, it results in additional costs to the applicant, requires additional staff time, provides little new 1 of Z February 6, 2024, Item #9
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ATTACHMENT B
May 21, 2024, Item #12
information, and causes substantial delays in permit approval and construction. It is also fairly unique to Poway. My proposal is that we direct staff to bring forward proposed changes to the PMC to eliminate the MDRA process for residential projects including the construction of a single home, additions, remodels, detached accessory structures, and unlighted recreational courts. The exception would be residential properties where habitat is identified by the City's Habitat Conservation Plan (HCP). Those projects, along with commercial projects and telecommunication facilities would all remain subject to current MDRA requirements in the PMC. Projects where cultural resources are identified may be subject to additional submittal and/or monitoring requirements and fees.
For projects eligible to skip the MDRA process, applicants would still be required to submit all of the technical documents and plans required by the MDRA process, however instead of doing that prior to application for a building permit, they would submit at the time of building permit application.
As part of the MDRA process, courtesy notices are provided to neighbors 10 days prior to approval.
Should the MDRA process be eliminated for residential projects this courtesy notification would no longer be provided, as the City does not provide advanced notice of approval of building permits. To do so would be overly burdensome.
Recommended Action:
Mayor Vaus requests concurrence to direct staff to bring forward recommendations for eliminating the MDRA process for residential projects including a single home, additions, remodels and detached accessory structures, and unlighted recreational courts with the exception of projects with habitat as identified in the City's Habitat Conservation Plan (HCP).
Should these changes to the PMC be approved at a future City Council meeting, it is recommended _ there be a one year .look back following implementation to assess its impact on streamlining the development process.
Attachments:
None.
Reviewed/Approved By
w~~
Assistant City Manager
2 of2
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
February 6, 2024, Item #9
May 21, 2024, Item #12
STEVE V AUS, Mayor
CA YLIN FRANK, Deputy Mayor
PETER DE HOFF, Councilmember
ANITA EDMONDSON, Councilmember
BRIAN PEPIN, Councilmember
CITY OF POWAY
Development Services Department
Information Sheet
Information for the following types of development:
• New Single-Family Residence
• Additions to Single Family Residence of 750 square feet or more of habitable space • Detached non habitable accessory structure that exceeds 1,500 square feet. • Unlighted Recreational Courts
Before submitting your building permit application to the Development Services Department, you are encouraged to contact the Planning Division to get clarification on the City submittal requirements specified below. Also be advised that, depending on the type and location of the project, additional special studies and/ or reports pertaining to biological or archeological resources, grading in hillside areas, and/or storm water quality may be required. Applications can be submitted anytime though the City of Poway Online Services portal at services.poway.org. Topics listed below need to be considered prior to building permit application submittal.
The purpose of a building permit is to ensure that new construction meets minimum code standards, which are designed to protect life and property. To accomplish this, building permit applications are reviewed by city staff against applicable state and local building and land development codes and regulations. Initial application submittals that are complete and accurate help streamline the department's review processes, which allows the city to issue permits quicker thereby saving applicants time and money.
Please note, applications for which no permit is issued within 365 days following the date of application shall expire with no extensions. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 365 days after it's issuance or if the work authorized on the site by such permit is suspended or abandoned for a period of 365 days after the time the work is commenced.
HABITAT/ BIOLOGICAL RESOURCES
When a project site contains habitat and/or a proposed project has the potential to impact habitat a biological report/assessment by a qualified biologist may be required.
An Administrative Clearing Permit (ACP) will be required for any impacts to habitat pursuant to Poway Municipal Code (PMC) Chapter 16.42.
GRADING
Projects that require a grading permit must apply for a grading permit and grading shall be completed prior to Building Permit issuance.
In general, a grading permit is required if the proposed excavation or fill exceeds 3 vertical feet in depth, if there is over 50 cubic yards in total excavation or fill, for the paving over an exposed ground surface of over 5,000 square feet, etc. To determine if your project requires a grading permit, please refer to PMC Chapter 16.42 and contact Engineering staff.
SLOPE
When a project is located in the RR-A, RR-B, RR-C, or RS-1 zone, a slope analysis is required pursuant to Resolution 01-103. The maximum allowable graded area will be based on the slope analysis. 10 of 11
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org
ATTACHMENT C
May 21, 2024, Item #12
CULTURAL
RESOURCES
Development
Services
Department
Information
Sheet
When
a
project
is
located
within
an
area
designated
with
high
or
moderate
potential
for
cultural
resources,
as
mapped
in
the
General
Plan,
a
cultural
resources
survey/report
by
a
qualified
archaeologist
or
paleontologist
will
be
required.
Additional
monitoring
may
be
recommended
during
excavation
and/or
grading
activities.
If significant
resources
are
present,
the
appropriate
California
Environmental
Quality
Act
(CEQA)
review
will
be
required.
VERY
HIGH
FIRE
HAZARD
SEVERITY
ZONE
(VHFHZ)
If
you
are
within
the
very
high
fire
hazard
area,
it
is
recommended
to
contact
the
City
of
Poway
Fire
Department.
A
landscape
plan
and
fire
fuel
management
plan
(FFMP)
will
be
required
for
a
new
single-family
residence,
additions
to
single
family
residence,
or
accessory
structures
located
within
the
VHFHZ.
LANDSCAPE
PLAN
To
determine
if
your
project
requires
a landscape
plan,
please
refer
to
PMC
Chapter
17.41 .020
Please
see
City
of
Poway
Landscape
and
Irrigation
Des
ign
Manual.
STORMWATER The
Stormwater
Intake
form
and
the
applicable
Storm
Water
Quality
Management
Plan
(Standard
or
Priority
Development
Project)
shall
be
completed
by
the
applicant.
Please
find
templates
at:
https
://poway
.org/963/Stormwater-Forms
UNLIGHTED
RECREATIONAL
COURT
Paving
for
a recreational
court
does
not
require
a building
permit.
However,
if
proposed
fencing
is
over
six
feet
in
height,
a building
permit
will
be
required.
It
is
also
possible
that
a
grading
permit
will
be
required
to
create
the
flat
recreational
court.
If
lights
are
proposed
with
the
recreational
court,
a
Minor
Conditional
Use
Permit
(MCUP)
with
City
Council
approval
is
required
.
Please
refer
to
PMC
Chapter
17 .30
for
recreational
court
development
standards.
PROPERTY
NOTICING
A
sign
describing
the
proposed
project
shall
be
posted
prominently
at
the
front
of
the
property
for
the
projects
listed
above.
The
City
will
provide
this
sign
at
the
time
of
building
permit
application
.
FURTHER
QUESTIONS?
It
is
highly
recommended
to
meet
with
City
staff
before
applying
for
a building
permit.
Staff
is
available
over
the
counter,
phone,
and
via
email
for
general
information. City
Hall
is
located
at
13325
Civic
Center
Drive
and
is
open
Monday
through
Thursday
from
7:30am
to
5:30pm,
with
alternating
Fridays
open
from
8am
to
5pm.
For
questions
and
appointments,
please
call
the
Planning
Division
at
(858)
668-4600;
Engineering
Division
at
(858)
668-4655;
Fire
at
{858)
668-4471.
For
more
detailed
responses
regarding
your
project,
pre-applications
are
available,
free
of
charge,
through
the
City
of
Poway
Online
services
portal
at
City
of
Poway
Online
Services
. Staff
will
take
approximately
thirty
days
to
review
your
pre-application
and
provide
detailed
information
. Be
advised
that
City
comments
may
be
limited
given
the
extent
and
clarity
of
information
submitted
with
the
application
.
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