23.58B.025

A. General 1. For any development to which this Chapter 23.58B applies, the Master Use Permit application and the first building permit application that includes the structural frame for the structure shall include the following: a. The amount of the cash contribution to be provided for affordable housing impact mitigation, if the applicant elects the payment option according to Section 23.58B.040 . b. The total net unit area, measured according to subsection 23.86.007.B, of MHA-C units provided according to subsection 23.58B.050.A and a proposal for MHA-C units that satisfy requirements of subsections 23.58B.050.B and 23.58B.050.C, if the applicant elects the performance option according to Section 23.58B.050 . 2. Any requests for modifications according to Section 23.58B.030 , including all supporting materials required for a decision on such requests, shall be included in the Master Use Permit application, or in the first building permit application that includes the structural frame for the structure if no Master Use Permit is required. 3. The Director shall, as a Type I decision and in consultation with the Director of Housing, determine: a. The amount of the cash contribution according to subsection 23.58B.040.A, if the applicant elects the payment option according to Section 23.58B.040 ; b. The total net unit area, measured according to subsection 23.86.007.B, of MHA-C units according to subsection 23.58B.050.A and compliance of the proposal for MHA-C units with the requirements of subsections 23.58B.050.B and 23.58B.050.C, if the applicant elects the performance option according to Section 23.58B.050 ; and c. Any modification according to subsection 23.58B.030.B. 4. The Director shall, as a special exception according to Chapter 23.76 , in consultation with the Director of Housing, determine any modification according to subsection 23.58B.030.C or subsection 23.58B.030.D. 5. Substitution of MHA-C units according to subsection 23.58B.050.B.15 shall require a separate review and approval by the Director in consultation with the Director of Housing. 6. The applicant for a project subject to this Chapter 23.58B shall pay housing review fees according to Section 22.900G.015 . B. Issuance of Master Use Permit. Prior to issuance of a Type II Master Use Permit, the applicant shall provide the following: 1. The amount of the cash contribution required according to subsection 23.58B.040.A, if the applicant elects the payment option according to Section 23.58B.040 ; 2. If the applicant elects the performance option according to Section 23.58B.050 : a. The total square feet of housing required to be provided according to subsection 23.58B.050.A, measured as net unit area; b. A proposal for MHA-C units meeting the requirements of subsections 23.58B.050.B and 23.58B.050.C; c. A draft agreement according to subsection 23.58B.050.B.17; and d. A draft developer's agreement according to subsection 23.58B.050.C.3, if applicable. C. Issuance of building permit. Prior to issuance of the first building permit that includes the structural frame for the structure containing the commercial development to which this Chapter 23.58B applies, the applicant shall provide the following: 1. If the applicant elects to comply with this Chapter 23.58B through the payment option according to Section 23.58B.040 : a. Final plans that include the structural frame for the structure showing the calculation of the amount of the cash contribution required according to subsection 23.58B.040.A; and b. Documentation from the Director of Housing of receipt of payment of the cash contribution required according to subsection 23.58B.040.A. 2. If the applicant elects to comply with this Chapter 23.58B through the performance option according to Section 23.58B.050 : a. Final plans that include the structural frame for the structure that: 1) Include the calculation of total square feet of housing required to be provided according to subsection 23.58B.050.A and actual square feet of MHA-C units to be provided, measured as net unit area; and 2) Demonstrate compliance of the proposal for MHA-C units with the requirements of subsections 23.58B.050.B and 23.58B.050.C; b. The executed and recorded agreement required according to subsection 23.58B.050.B.17; c. Documentation of issuance of the first building permit that includes the structural frame for the structure that includes the MHA-C units, if the MHA-C units are located in a different structure than the structure containing the commercial development to which this Chapter 23.58B applies; d. The executed developer's agreement required according to subsection 23.58B.050.C.3, if applicable; and e. Documentation from the Director of Housing of receipt of the letter of credit required according to subsection 23.58B.050.C.4, if applicable. 3. The applicant may change its election between performance and payment prior to issuance of the first building permit that includes the structural frame for the structure, provided the applicant changing its election shall obtain any necessary approvals affected by the change in election. Review and approval of a change in election between performance and payment is a Type I decision, unless the requested change affects a modification according to subsection 23.58B.030.C or subsection 23.58B.030.D. (Ord. 126855 , § 48, 2023; Ord. 125233 , § 6, 2016; Ord. 124895 , § 2, 2015)