Mariposa County Municipal Code § 17.338 Multi Family Residential And Low To Moderate Income Housing

The purpose of the use permit for multi-family residential developments in the commercial zones is to allow the proper integration of multi-family residential uses in commercial areas through proper site design and development standards, taking into consideration the characteristics of the individual site and the immediate area. An additional purpose of the use permit is to ensure that commercial centers or cores are not significantly impacted by the improper siting of multi-family residential uses. The planning commission shall process and consider the use permit application in accordance with Chapter 17.112 of this title.

1. Consideration of use permit application: In evaluating a proposed multi-family residential development, the planning commission shall approve a use permit provided the mandatory findings listed in section 17.112.40 of this title can be made for the project in addition to the following findings:

   1. The project is adjacent to properties planned for residential uses or developed primarily with residential uses and will not result in the degradation of an existing or potential commercial center;

   2. Adequate on-site parking is provided for the residents of the project and their guests, and the project will not significantly affect the availability of on-street parking in the immediate area.

2. Denial of use permit: Denial of a use permit for multi-family residential development shall be based upon a determination that one or more of the mandatory findings listed in this section cannot be made for the project and the commission cannot impose any reasonable conditions or requirements on the project to guarantee compliance with the mandatory findings. The planning commission's action of denial shall be rendered in the form of a resolution which shall state the reasons for denial and the mandatory findings for denial.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992

1. When a developer of housing agrees or proposes to construct at least (1) twenty percent (20%) of the total units of a housing development for lower income households, as defined in section 50079.5 of the Health and Safety Code, or (2) ten percent (10%) of the total units of a housing development for very low income households, as defined in section 50105 of the Health and Safety Code, or (3) fifty percent (50%) of the total dwelling units of a housing development for qualifying residents, as defined in section 51.2 of the Civil Code, the county shall either:

   1. Grant a density bonus and at least one (1) of the concessions or incentives unless the county makes a written finding that the additional concession or incentive is not required in order to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code or for rents for the targeted units to be set as specified in Subdivision (2), or

   2. Provide other incentives of equivalent financial value based upon the land cost per dwelling unit.

2. A developer shall agree to and the county shall ensure continued affordability of all lower income density bonus units for thirty (30) years or longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program. Those units targeted for lower income households, as defined in section 50079.5 of the Health and Safety Code shall be affordable at a rent that does not exceed thirty percent (30%) of sixty percent (60%) of area median income. Those units targeted for very low income households, as defined in section 50105 of the Health and Safety Code shall be affordable at a rent that does not exceed thirty percent (30%) of fifty percent (50%) of area median income. If the county does not grant at least one additional concession or incentive pursuant to paragraph (a) of subdivision (1), the developer shall agree to and the county shall ensure continued affordability for ten (10) years of all lower income housing units receiving a density bonus.

3. A developer may submit to the county a preliminary proposal for the development of housing pursuant to this section prior to the submittal of any formal requests for specific plan amendments, zoning amendments, or subdivision map approvals. The county shall, within ninety (90) days of receipt of a written proposal, notify the housing developer in writing of the procedures with which it will comply with this section. The board of supervisors shall approve the means of compliance with this section. The county will consider waiving or modifying development and zoning standards which would otherwise inhibit the utilization of the density bonus on specific sites. These procedures shall include, but not be limited to, such items as minimum lot size, side yard setbacks, and placement of public works improvements.

4. The housing developer shall show that the waiver or modification is necessary to make the housing units economically feasible.

5. For the purposes of this chapter, "density bonuses" means a density increase of at least twenty-five percent (25%) over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the developer to the county. The density bonus shall not be included when determining the number of housing units which is equal to ten or twenty percent (10 or 20%) of the total. The density bonus shall apply to housing developments consisting of five (5) or more dwelling units.

6. The definition of terms and the consideration of incentives shall occur in accordance with California Government Code section 65915 et seq.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992