§ 15.40.320. Variations from standards.

A.

The planning commission may authorize variations to standards included within this chapter as part of a use permit, under the conditions provided for in this section.

B.

The intent of this section is to encourage the provision of permanent affordable housing and innovative and environmentally superior redesign and siting of mobilehome and recreational vehicle units within existing mobile home parks of five acres or less established by use permit prior to 1970. To encourage such innovation, it may be necessary to be flexible in the application of certain development standards so long as the intent of this chapter, the PD and AH zoning districts, any applicable general or specific plan and applicable state and federal law is maintained with respect to the overall project.

C.

Development Standards. The planning commission may allow, as part of approval of a use permit, variations from the development standards contained in this chapter under the procedures defined in this section.

D.

Procedure.

1.

Filing of Variation Request. Applicants shall file a request for variation and pay those fees established by resolution of the board of supervisors relating to use permits. The variation request shall be processed as part of a use permit application pursuant to Chapter 18.124.

2.

Content of Variation Request. The request shall contain, at a minimum, the following information in addition to the information and materials otherwise required for a use permit application:

a.

A narrative statement of how the variation request is consistent with the general plan or any applicable specific plan, including but not limited to how the request is consistent with the Housing Element of the General Plan, the PD or AH zoning district and applicable County, state and federal law, and how the variation request meets the findings required in this Section;

b.

Proposed ownership structure for the mobilehome spaces and units and the ownership mechanism for improvement and maintenance of common areas, parking areas, landscaped areas, etc.

c.

Any additional information required by the director to demonstrate that the site will be developed in accordance with the findings required in this Section.

E.

Findings Required.

1.

In addition to findings required pursuant to Section 18.124.070, the commission shall make the following additional findings:

a.

The variation request results in the preservation or creation of permanent affordable housing within unincorporated Napa County that is, at minimum, sufficient to offset the project's adverse impact on park residents in relation to housing affordability or displacement.

b.

The variation request results in a project that is superior in terms of design and environmental impacts when compared to a project processed under the development standards specified by this chapter.

c.

The development plan results in a cohesive design and treatment of the site, including architecture, landscaping, open space, signage and lighting.

d.

The design, orientation and location of buildings, structures, open space and other features of the site plan protect and enhance existing natural resources or site features including significant existing vegetation and maintain and enhance existing views from and through the site.

e.

Provisions have been made for the permanent use and maintenance of parking areas and other common area improvements used jointly by mobilehome park residents.