This chapter is intended to produce affordable housing, to provide incentives for the production of affordable housing, and to achieve the following additional goals:

A.

2008 General Plan Update and 2009 Housing Element Update: To implement the goals, objectives, policies, and programs of the county's 2008 General Plan Update and 2009 Housing Element Update related to affordable housing and the affordable housing fund established pursuant to Section 18.107.020.

B.

Development Impacts: To mitigate the impacts of market rate residential development and nonresidential development on the need for affordable housing in Napa County through the imposition of affordable housing requirements as included in this ordinance.

C.

Compliance with State Law: To comply with the provisions of Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the California Government Code, which mandate the adoption of a county ordinance specifying how compliance with that chapter will be implemented.

(Ord. No. 1334, § 3, 1-19-2010)

A.

There is established in Napa County an affordable housing fund (the "housing fund") for the purpose of receiving and disbursing certain monies to address the housing needs of extremely low, very low, low, and moderate income households. Separate accounts within such housing fund may be created from time to time to avoid commingling if required by law or as deemed appropriate to further the purposes of the housing fund.

B.

The board of supervisors may, at its sole discretion, establish by resolution an affordable housing fund board which shall be advisory to the board and to the housing director. The specific functions of the housing board shall be as prescribed by the board of supervisors.

C.

All housing fees collected pursuant to this Chapter 18.107 shall be deposited into the housing fund.

(Ord. No. 1334, § 3, 1-19-2010)

A.

The housing fund shall be administered by the housing director, who shall have the authority to implement the purposes of the housing fund consistent with this chapter, and to prescribe procedures for said purposes, subject to approval by the board.

B.

The housing director shall develop criteria for use of housing fund monies, which shall be subject to board approval. The criteria shall ensure that housing fund monies are used to assist the county in meeting its affordable housing goals, to implement the policies, objectives, and programs set forth in the housing element of the Napa County general plan, as they may be modified from time to time, and to mitigate the impact of new nonresidential development and residential projects on the need for affordable housing in the county.

C.

Concurrently with the development of the county budget, the housing director shall annually present a report to the board that includes a description of monies deposited into the housing fund and their source, the activities undertaken with the housing fund during the reporting period, the relation of housing fund expenditures to housing element policies, objectives, and programs, and to criteria adopted pursuant to subsection (B) above, and recommendations for future expenditures of monies from the housing fund to implement the housing element and ensure that housing fund expenditures remain reasonably related to the source of any housing fees deposited into the housing fund. The housing director shall also report on housing fund activities as part of the annual report required by Government Code Section 65400.

(Ord. No. 1334, § 3, 1-19-2010)

A.

Monies deposited in the housing fund, along with any interest earnings on such monies, shall be used to increase, improve, and preserve the supply of housing and shelter serving Napa County's workforce and affordable to moderate, low, very low, and extremely low income households, including payment of those reasonable administrative costs described in subsection (B) below. Monies deposited in the housing fund may be utilized for, but are not limited to, the following purposes: new construction of affordable units; acquisition of land for the development of affordable housing; conversion of market rate units to affordable units; preservation of existing affordable units; rehabilitation of affordable units at risk of loss; promotion of affordable workforce housing such that Napa County workers can find suitable housing near their place of employment; subsidies for operating costs, including operating costs of emergency shelters, transitional housing, and farmworker housing, to maintain the existing supply of affordable units and shelters or to provide additional affordable units and shelters, where such shelters serve the County's workforce; subsidies for affordable housing in Affordable Housing (:AH) Combination Districts as further described in Chapter 18.82; provision of infrastructure, utilities, and other improvements so long as they are necessary for the construction of affordable units; and housing support services, such as fair housing services. Monies deposited in the housing fund may be used within incorporated cities located in Napa County consistent with the criteria established pursuant to subsection (B) of Section 18.107.030. Deed restrictions shall be recorded against parcels receiving housing funds and shall be effective for a minimum of forty years with respect to each affordable unit.

B.

Monies deposited in the housing fund may be used to cover reasonable administrative expenses not reimbursed through processing fees, including but not limited to reasonable staff, consultant, and legal expenses related to: 1) the establishment and/or administration of the housing fund; 2) the provision of housing fund assistance; and 3) the monitoring of compliance with conditions of such housing fund assistance. Monies may also be used to cover reasonable expenses for calculating, collecting, and accounting for fees paid into the housing fund. No portion of the housing fund may be diverted to other purposes by way of loan or otherwise.

C.

Expenditures by the housing director from the housing fund shall be controlled, authorized and paid in accordance with general county budgetary policies. Execution of contracts related to the use or administration of housing fund monies shall be in accordance with standard board policy.

(Ord. No. 1334, § 3, 1-19-2010)

A.

Housing fees for nonresidential developments shall be established by resolution of the board of supervisors. Such fees shall not exceed the cost of mitigating the impact of nonresidential developments on the need for affordable housing in the county. The fees shall be established per gross square foot of nonresidential space and shall be based on at least the following nonresidential land use categories: office, retail, warehouse, industrial, and hotel. The board may also from time to time adopt by resolution a standardized list showing the specific uses within each nonresidential land use category and showing uses exempt from payment of housing fees.

B.

The board may periodically review the housing fees for nonresidential developments and adjust the housing fees by resolution. The housing fees shall be reviewed and, if appropriate, revised, at the time of each housing element update. The housing director and planning director shall jointly prepare a recommendation to the board for such fee revision.

C.

The following nonresidential developments are exempt from the payment of housing fees pursuant to this chapter:

1.

That portion of any nonresidential development located on property owned or leased by the county, the state of California, the United States of America, or any of its agencies, with the exception of such property not used exclusively for public purposes; or

2.

Any nonresidential development to the extent it has received a vested right to proceed without a housing fee pursuant to state law or is subject to a development agreement effective prior to July 1, 2009; or

3.

Any nonresidential development operated by a nonprofit organization to provide food storage, meal service and/or temporary shelter to the homeless; or

4.

Any nonresidential development involving no more than one total employee; or

5.

Any nonresidential development otherwise determined to be exempt pursuant to board resolution.

(Ord. No. 1334, § 3, 1-19-2010)

A.

No building permit shall be issued for any nonresidential development not otherwise exempt pursuant to subsection (C) of Section 18.107.050 until a housing fee is paid to the county. Where a building permit is not required, no discretionary county permit shall be issued for any nonresidential development not otherwise exempt pursuant to subsection (C) of Section 18.107.050 until a housing fee is paid to the county. Payment of the housing fee shall be made a condition of approval of each discretionary permit approved for a nonresidential development unless the project is exempt pursuant to subsection (C) of Section 18.107.050.

B.

The housing fee for nonresidential developments that include additions, new construction of gross square feet of nonresidential space, or the conversion of a residential use to a nonresidential use shall be calculated as follows:

Housing fee = (gross square feet of new nonresidential space) X (applicable fee by type of use)

The housing fee for the conversion of one nonresidential use to another nonresidential use shall be calculated as follows:

Housing fee = (housing fee for new use) - (housing fee for prior use) [not less than zero]

If the nonresidential development is in whole or part a replacement for nonresidential square footage demolished within one year prior to the filing of the application for the nonresidential development, the housing fee shall be calculated as follows:

Housing fee = (housing fee for addition or new construction of gross square feet) - (housing fee for gross square feet demolished) [not less than zero]

C.

As an alternative to payment of the housing fee set forth in subsection (A) above, an applicant for a nonresidential development may submit a request to mitigate the affordable housing impacts of such development through the construction of affordable units, either on-site or off-site, through the dedication of land, or through other means. The planning commission may approve or conditionally approve such an alternative if the planning commission determines, based on substantial evidence, that such alternative compliance will provide as much or more affordable housing at the same or lower income levels, is consistent with the county general plan and housing element, and will otherwise provide greater public benefit than would payment of the housing fee. Any affordable units constructed on-site or off-site shall comply with the provisions contained in Sections 18.107.110 through 18.107.140, as applicable.

(Ord. No. 1334, § 3, 1-19-2010)

A.

An application for a building permit (or for a discretionary county permit if no building permit is required), for a nonresidential development shall not be deemed complete unless the application contains either: (1) a request for exemption pursuant to subsection (C) of Section 18.107.050 or an equivalency proposal as permitted by subsection (C) of Section 18.107.060, along with supporting information, or (2) all of the following: (a) a statement of the number of gross square feet contained in any addition, new construction of gross square feet, conversion of a residential use to a nonresidential use, or conversion of one nonresidential use to another nonresidential use, together with documentation sufficient to support the statement; (b) the intended use or uses for the nonresidential development by gross square feet; and (c) the gross square feet of any prior nonresidential use or any demolished nonresidential use. The amount of the housing fee shall be based upon the fee schedule in effect at the time of issuance of the permit for the nonresidential development.

B.

The planning director, with the concurrence of the housing director, shall determine the appropriate nonresidential land use category, shall calculate the amount of the housing fee based upon the adopted fee schedule, and shall so inform the building official or designee, who shall collect the required fee and deposit it into the housing fund. In the case of large, mixed-use nonresidential developments involving the simultaneous construction of different structures and/or different nonresidential uses, the planning director may utilize the fee schedule to create one mixed fee per square foot to be collected for all building permits in the project. In that case, the mixed fee shall be designed to approximate the revenue which would have been collected had the fee schedule been applied to each individual use in the project.

C.

The land use category for a nonresidential development shall be determined by the planning director based on an individualized determination only if:

1.

The adopted fee schedule so specifies; or

2.

The planning director determines that insufficient generalized information is available to permit a determination that the use falls within one of the specified use categories.

Any application for a nonresidential project where an individualized fee determination is required pursuant to this section shall be accompanied by information sufficient to enable the planning director to make a determination of employee density. The planning director's determination of employee density shall be based on: data concerning anticipated employee density for the project submitted by the applicant; employment surveys or other research on similar uses submitted by the applicant or independently researched by the planning director; or any other data or information the planning director determines relevant. Based on the evidence submitted, the planning director shall determine the most similar use category, or shall establish a mixed fee, as appropriate.

D.

An applicant may appeal the planning director's fee determination to the board of supervisors according to the provisions of Chapter 2.88 of the Napa County Code.

(Ord. No. 1334, § 3, 1-19-2010)

A.

To mitigate the impacts of market rate residential projects on the need for affordable housing in Napa County, a portion of all new dwelling units in a residential ownership project shall be made available at an affordable sales price to moderate income households whose annual household income does not exceed one hundred twenty percent of median income, as follows:

Single-family detached-twenty percent

Attached single-family and common interest projects-seventeen percent

B.

For residential rental projects, housing fees shall be paid as specified in Section 18.107.090 to mitigate the project's impact on the need for affordable housing in the county, unless an equivalency proposal is approved pursuant to Section 18.107.100 or rental is approved pursuant to Section 18.107.110.

C.

Affordable units shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to market rate units in the same residential project. Affordable units shall be dispersed throughout the residential project, or, subject to the approval of the planning director, may be clustered within the residential project when this furthers affordable housing opportunities.

D.

The following residential projects are exempt from the affordable housing requirements in this Section 18.107.080 and in Section 18.107.090:

1.

Farmworker housing units of twelve hundred square feet or less; or

2.

Any residential project that is deed-restricted to be one hundred percent affordable to extremely low, very low, low income, or moderate income households, except for managers' units, and which meets the requirements of Section 18.107.140; or

3.

Multi-family or single room occupancy residential projects, which propose that at least twenty percent of the total units be available at affordable rent or affordable sales prices to very low or low income households; and

4.

Any density bonus units, as required by Government Code Section 65915.

E.

Compliance with this chapter shall be made a condition of approval of each permit approved for a residential development unless the project is exempt pursuant to subsection (D) above.

(Ord. No. 1334, § 3, 1-19-2010)

(Ord. No. 1386, § 2, 12-10-2013; Ord. No. 1491, § 16, 6-4-2024)

A.

Housing fees for residential projects shall be established by resolution of the board of supervisors. Such fees shall not exceed the cost of mitigating the impact of market rate residential projects on the need for affordable housing in the county. The fees shall be established per gross square foot of residential floor area for the market rate units in a residential development.

B.

The board may periodically review the housing fees for residential projects and adjust the housing fees by resolution. The housing fees shall be reviewed and, if appropriate, revised at the time of each housing element update. The housing director and planning director shall jointly prepare a recommendation to the board for such fee revision.

C.

An applicant for any residential ownership project with four or fewer dwelling units may elect to either build one affordable unit or pay a housing fee for each dwelling unit.

D.

Housing fees shall be paid for residential projects in the following circumstances:

1.

For any residential rental project, a housing fee shall be paid upon issuance of a building permit for each dwelling unit in the residential rental project, unless an equivalency proposal is approved pursuant to Section 18.107.100 or rental is approved pursuant to Section 18.107.110.

2.

For any residential ownership project with four or fewer dwelling units where the applicant has elected to pay housing fees, a housing fee shall be paid upon issuance of a building permit for each dwelling unit in the residential ownership project.

3.

For any residential ownership project with five or more dwelling units where the calculations in subsection (A) of Section 18.107.080 above result in a fractional dwelling unit, a housing fee shall be paid upon issuance of each building permit for those "extra" market rate dwelling units for which an affordable unit was not constructed (based on the floor area of each such "extra" market rate unit), unless the applicant elects to construct an additional affordable unit on-site, or performs an equivalent action approved pursuant to Section 18.107.100.

E.

The amount of any housing fee payable under this section shall be based upon the fee schedule in effect at the time of issuance of the building permit for the dwelling unit to which the fee relates. The planning director, with the concurrence of the housing director, shall calculate the amount of any housing fee based upon the adopted fee schedule, and shall so inform the building official or designee, who shall collect the required fee and deposit it into the housing fund. The applicant may appeal the planning director's fee determination to the board of supervisors according to the provisions of Chapter 2.88 of the Napa County Code.

(Ord. No. 1334, § 3, 1-19-2010)

As an alternative to the construction of on-site affordable units required by Section 18.107.080, or to the payment of housing fees pursuant to Section 18.107.090, an applicant for a residential project may submit a request to mitigate the affordable housing impacts of such project through the construction of affordable units off-site, through the dedication of land for affordable housing, or through other means. The planning commission may approve or conditionally approve such an alternative if the planning commission determines, based on substantial evidence, that such alternative compliance will provide as much or more affordable housing at the same or lower income levels, is consistent with the county general plan and housing element, and will otherwise provide greater public benefit than would provision of the affordable housing on-site.

(Ord. No. 1334, § 3, 1-19-2010)

A.

As an alternative to providing affordable ownership units on-site as required by Section 18.107.080, or paying housing fees pursuant to Section 18.107.090, an applicant may propose to provide twelve percent of the dwelling units in the residential project as rental dwelling units affordable to low income households. To ensure compliance with the Costa-Hawkins Act (Chapter 2.7 of Title 5 of Part 4 of Division 3 of the Civil Code), the county may only approve such a proposal if the applicant agrees in a rent regulatory agreement with the county to limit rents in consideration for a direct financial contribution or a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.

B.

The rent regulatory agreement with the county shall include provisions for sale of affordable units and relocation benefits for tenants of the affordable units if the owner of the residential project later determines to offer any affordable units in the residential project for sale. If dwelling units in the residential project are sold, the applicant shall provide as many ownership affordable units at an affordable sales price as required by Section 18.107.080. At the time of sale, resale restrictions, deeds of trust and/or other documents acceptable to the planning director shall be recorded against the affordable ownership dwelling units for a minimum term of forty years, as required by Section 18.107.140.

C.

For each rental affordable unit provided pursuant to this section, the owner may be required to pay to the county an annual monitoring fee for the term of required affordability that does not exceed the county's costs to monitor the affordable unit, if such a fee is adopted by resolution of the board of supervisors.

(Ord. No. 1334, § 3, 1-19-2010)

A.

Residential projects that include the construction of affordable units in conformance with Sections 18.107.080, 18.107.100, or 18.107.110 are eligible for the following county incentives:

1.

Application fees for building permits shall be waived for the affordable units.

2.

Subject to the approval of the planning director, the square footage of the affordable units and interior features in affordable units need not be the same as those in market rate units in the same residential project, so long as they are of good quality and are consistent with contemporary standards for new housing.

3.

In a residential project which contains single-family detached homes, affordable units may be attached dwelling units.

4.

The county shall expedite permit processing.

B.

If an applicant requests a state density bonus or state incentives pursuant to Sections 18.107.070 and 18.107.080, the incentives listed in this section may be provided only if each is individually requested as a state incentive pursuant to Section 18.107.070.

C.

Each of these incentives is a regulatory incentive that results in identifiable, financially sufficient, and actual cost reductions and is a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.

(Ord. No. 1334, § 3, 1-19-2010)

(Ord. No. 1495, § 45, 9-24-2024)

A.

An application for a discretionary approval or for a building permit, if no discretionary approval is required, for a residential project shall include an affordable housing plan if the residential project includes on-site affordable housing required by Section 18.107.080, an equivalency proposal as permitted by Section 18.107.100, or a rental proposal as permitted by Section 18.107.110. The affordable housing plan shall include a site plan depicting the number and location of all affordable units, phasing of affordable units in relation to market rate units, and such other information as may be required by the planning director.

B.

Any affordable housing plan shall be considered by, and acted upon, by the approval body with authority to approve the residential project. Before approving the affordable housing plan, the approval body shall find that the affordable housing plan conforms to the requirements of this Chapter 18.107. The planning commission may approve an equivalency proposal pursuant to Section 18.107.100 or rental pursuant to Section 18.107.110 if the affordable housing plan conforms to the requirements of this chapter. An applicant may appeal decisions made by the planning commission pursuant to this subsection (B) of Section 18.107.130 to the board of supervisors according to the provisions of Chapter 2.88 of the Napa County Code.

C.

If an affordable housing plan is approved, applicants shall enter into an affordable housing or rent regulatory agreement with the county, in a form acceptable to the planning director and county counsel. Such agreements shall be legally binding agreements between the applicant and the county to ensure that the requirements of this chapter are satisfied. The executed agreements shall be recorded against the residential project prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the residential project. The agreements shall be binding on all future owners and successors in interest.

D.

Unless otherwise permitted pursuant to the terms of a recorded affordable housing or rent regulatory agreement, all required affordable units shall be constructed prior to or concurrently with the construction of market rate units. No temporary or permanent certificate of occupancy for any new market rate unit in a residential project shall be issued until permanent certificates of occupancy have been issued for the affordable units required by Section 18.107.080 or the applicant has satisfactorily performed one of the equivalent actions set forth in Sections 18.107.90 through 18.107.110. Release of utilities shall not be authorized for any residential project until notification is received from the planning director that all requirements of this chapter have been met.

(Ord. No. 1334, § 3, 1-19-2010)

A.

Prior to the issuance of certificates of occupancy for affordable units, rent regulatory agreements, resale restrictions, deeds of trust, and/or other documents, as appropriate, all of which must be acceptable to the housing director and county counsel and consistent with the requirements of this chapter, shall be recorded against parcels having such affordable units and shall ensure that each affordable unit remains affordable to the same income level for a minimum of forty years. Any rent regulatory agreement shall include the applicant's agreement to limit rents in consideration for a direct financial contribution or a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.

B.

At the time of resale of any owner-occupied affordable unit, resale restrictions, deeds of trust and/or other documents acceptable to the housing director shall be recorded against such affordable unit for a new minimum term of forty years.

C.

No household shall be permitted to occupy an affordable unit, or to purchase an affordable unit for owner-occupancy, unless the county or its designee has approved the household's eligibility. If the county or its designee maintains a list of eligible households, households selected to occupy affordable units shall be selected first from that list to the extent provided in the affordable housing agreement, rent regulatory agreement, or resale restrictions.

D.

For each owner-occupied affordable unit provided pursuant to this chapter, the owner may be required to pay to the county an administrative transfer fee to defray the costs to the county of any change of ownership during the term of required affordability, if such a fee is adopted by resolution of the board of supervisors.

(Ord. No. 1334, § 3, 1-19-2010)

Editor's note— Ord. No. 1495, § 46, adopted September 24, 2024, repealed § 18.107.150, which pertained to Affordable Housing and Incentives.

Editor's note— Ord. No. 1495, § 47, adopted September 24, 2024, repealed § 18.107.160, which pertained to Affordable Housing and Incentives.

The purpose of this section and Section 18.107.180 is to implement state density bonus law (Government Code Section 65915 et seq.).

A.

An applicant for a "housing development" as defined in state density bonus law shall be eligible for a density bonus and other regulatory benefits that are provided by state density bonus law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915, or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with state density bonus law.

B.

All requests for density bonuses, incentives, parking reductions, and waivers shall be submitted concurrently with the application for the first discretionary permit or other permit required for the housing development and shall be processed concurrently with such application. In accordance with state law, neither the granting of an incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval or the waiver of the provisions of a county ordinance unrelated to development standards.

C.

An applicant's request for any density bonuses, incentives, parking reductions, and/or waivers permitted by state density bonus law shall include the required fee and the following minimum information:

1.

For a requested density bonus:

a.

Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed target units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

b.

Subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.

c.

Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.

d.

A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed target units and density bonus units.

e.

The zoning and general plan designations and assessor's parcel number(s) of the housing development site.

f.

A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity's valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.

g.

If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.

h.

The phasing of the construction of the target units in relation to the nonrestricted units in the housing development.

i.

A marketing plan for the target units, as well as an explanation of the methods to be used to verify tenant and/or buyer incomes and to maintain affordability of the target units. The density bonus housing plan shall specify a financing mechanism for ongoing administration and monitoring of the target units.

j.

If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915 (g) can be met.

2.

Requested incentives or concessions as defined in state density bonus law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to under state density bonus law. The application shall include the following minimum information, shown on a site plan (if appropriate):

a.

Explanation of the number of incentives the housing development is entitled to.

b.

The county's usual regulation and each requested regulatory incentive or concession.

c.

Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

d.

If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.

3.

Requested waivers. For each waiver requested, the applicant shall show on a site plan and in a table, the county's required development standard and the requested development standard.

4.

Parking reductions. The application shall include a table showing parking required by the zoning regulations, parking proposed under Government Code Section 65915(p), and reasonable documentation that the project is eligible for the requested parking reduction.

5.

Density bonus or incentive for a child care facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

6.

Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

7.

Commercial density bonus. Evidence that the project qualifies for a commercial density bonus under the provisions of Government Code Section 65915.7, including but not limited to inclusion of a partnered housing agreement.

D.

Density bonus calculations.

1.

In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. When calculating the number of target units needed to qualify for a given density bonus, any fractions of affordable target units shall be rounded up to the next whole number.

2.

Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

3.

In determining the number of target units required to qualify a housing development for a density bonus pursuant to state density bonus law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the county's inclusionary housing requirements in this Chapter 18.107 and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of state density bonus law. Payment of fees or in lieu of providing target units under this Chapter 18.107 does not qualify a housing development for a density bonus.

4.

The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of target units required by state density bonus law. Regardless of the number of target units, no housing development shall be entitled to a density bonus greater than what is authorized under state density bonus law.

5.

Nothing in this chapter requires the provision of direct financial incentives from the county for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The county, at its sole discretion, may choose to provide such direct financial incentives.

E.

Development standards.

1.

Target units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the county.

2.

To comply with fair housing laws, the target units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the target units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the target units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

(Ord. No. 1334, § 3, 1-19-2010)

(Ord. No. 1386, § 5, 12-10-2013; Ord. No. 1495, § 48, 9-24-2024)

All requests for density bonuses, incentives, parking reductions, and waivers shall be considered and acted upon by the approval body with authority to approve the residential project, with right of appeal to the board of supervisors, if applicable.

A.

To ensure that an application conforms with the provisions of state density bonus law, the staff report presented to the decision-making body shall state whether the application conforms to the requirements of state density bonus law, as applicable:

1.

A finding that the residential project is eligible for the density bonus and any incentives, parking reductions or waivers requested, and includes any affordable housing required to replace units rented or formerly rented to very low- and low-income households as required by California Government Code Sections 65915(c)(3) and 66300.5 et seq.

2.

A finding that if an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

3.

If the density bonus is based all or in part on donation of land, a finding that all the requirements included in Government Code Section 65915(g) have been met.

4.

If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, a finding that all the requirements included in Government Code Section 65915(h) or 65915.5, as applicable, have been met.

5.

If a parking reduction is requested, a finding that the housing development is eligible for any requested parking reductions under Government Code Section 65915(p).

6.

If a waiver is requested, a finding that the development standards for which the waiver is requested would have the effect of physically precluding the construction of the residential project with the density bonus and incentives permitted.

7.

If a commercial development bonus is requested, a finding that the development is eligible for the bonus under Government Code Section 65915.7.

B.

If the housing development is eligible for the incentives requested, the decision-making body may deny an application for an incentive only if it makes one of the following written findings, supported by substantial evidence:

1.

The incentive does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k), to provide for affordable sales prices or affordable rents; or

2.

The incentive would have a specific, adverse impact upon public health or safety or the physical environment or on real property listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the residential project unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or

3.

The incentive is contrary to state or federal law.

C.

If the housing development is eligible for the waivers requested, the decision-making body may deny a request for a waiver only if it makes one of the following written findings, supported by substantial evidence:

1.

The waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the residential project unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or

2.

The waiver would have an adverse impact on real property listed in the California Register of Historic Resources; or

3.

The waiver is contrary to state or federal law.

D.

If the housing development is eligible for a child care bonus, the decision-making body may deny an application for a density bonus or incentive that is based on the provision of child care only if it makes a written finding, based on substantial evidence, that the county already has adequate child care facilities.

E.

If any density bonus, incentive, parking reduction, or waiver is approved pursuant to state density bonus law, the applicant shall enter into an affordable housing agreement with the county, in a form acceptable to the planning director and county counsel, to be executed by the county administrator or designee, to ensure compliance with state density bonus law. The affordable housing agreement shall be a legally binding agreement between the applicant and the county to ensure that the requirements of this chapter are satisfied and may be combined with the affordable housing agreement required in Section 18.107.130. The executed affordable housing agreement shall be recorded against the residential project prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the residential project. The affordable housing agreement shall be binding on all future owners and successors in interest.

F.

For rental projects, the agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of fifty-five years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size, and location of each target unit; shall specify the eligible occupants; shall specify phasing of the target units in relation to the market-rate units; and shall contain other relevant provisions approved by county counsel. Rents for the lower income density bonus units shall be set at an affordable rent as defined in state density bonus law.

G.

For for-sale projects, the affordable housing agreement shall require that the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within one-hundred eighty days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified non-profit housing corporation as defined in state density bonus law. The units shall be offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and the agreement shall contain other relevant provisions approved by county counsel. The affordable housing agreement shall require the continued affordability of the for-sale units for forty-five years.

H.

Where a density bonus, waiver, or parking reduction is provided for a market-rate senior housing development with no target units, the applicant shall enter into a restrictive covenant with the county, running with the land, in a form approved by county counsel, to be executed by the county administrator or designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

I.

Unless otherwise permitted pursuant to the terms of a recorded affordable housing agreement, all required target units shall be constructed prior to or concurrently with the construction of market rate units. No temporary or permanent certificate of occupancy for any new market rate unit in a residential project shall be issued until permanent certificates of occupancy have been issued for the required target units. Release of utilities shall not be authorized for any residential project until notification is received from the planning director that all requirements of this chapter have been met.

(Ord. No. 1334, § 3, 1-19-2010)

(Ord. No. 1495, § 49, 9-24-2024)

If any section of this chapter conflicts with Government Code Section 65915 or other applicable state law, state law shall supersede this chapter.

(Ord. No. 1334, § 3, 1-19-2010)

Whenever an applicant pays the housing fees established by this chapter and thereafter fails to proceed with the development in a timely manner so that the privilege of doing so has elapsed, the county shall refund any fees paid by the applicant if the applicant submits a written request for a refund to the planning director within ninety days of the date when the privilege of proceeding with the development elapsed.

(Ord. No. 1334, § 3, 1-19-2010)

A.

It shall be a misdemeanor for any person to sell or rent an affordable unit or target unit at a sales price or rent exceeding the maximum sales price or rent allowed by this chapter, or to a household not qualified to purchase or rent an affordable unit or target unit pursuant to this chapter.

B.

The office of county counsel or the district attorney, as appropriate, shall be authorized to enforce the provisions of this chapter and all affordable housing agreements, rent regulatory agreements, resale controls, and all other agreements placed on affordable units or target units hereunder, by civil action and any other proceeding or method permitted by law.

C.

Failure of any official to fulfill the requirements of a provision of this chapter shall not excuse any applicant from fulfilling the remaining requirements of this chapter.

(Ord. No. 1334, § 3, 1-19-2010)

A.

As part of an application for the first approval of a residential project or nonresidential development, an applicant may apply for a reduction, adjustment, or waiver of the requirements of this chapter based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result. The applicant shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation, and shall bear the burden of presenting the requisite evidence to demonstrate the alleged unconstitutional result. The county may assume each of the following when applicable:

1.

The applicant will benefit from the incentives set forth in the county code; and

2.

The applicant will be obligated to provide the most economical affordable units feasible in terms of financing, construction, design, location and tenure.

B.

The approval authority, based upon legal advice provided by or at the behest of county counsel, may approve a reduction, adjustment, or waiver if the approval authority determines that applying the requirements of this chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. The reduction, adjustment, or waiver shall be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, and based on legal analysis and the evidence. If a reduction, adjustment, or waiver is granted, any change in the residential project shall invalidate the reduction, adjustment, or waiver, and a new application shall be required for a reduction, adjustment, or waiver pursuant to this section.

(Ord. No. 1334, § 3, 1-19-2010)

Unless the context clearly requires otherwise, the definitions in this section shall govern the provisions of this chapter.

"Addition" means the addition of gross square feet to an existing structure.

"Affordable rent" means monthly rent, including utilities and all fees for housing services, that does not exceed:

1.

For very low income households: fifty percent of the median income for the county multiplied by thirty percent and divided by twelve.

2.

For low income households: sixty percent of the median income for the county, multiplied by thirty percent and divided by twelve.

3.

For moderate income households: one hundred ten percent of the median income for the county, multiplied by thirty percent and divided by twelve.

Affordable rent shall be based on presumed occupancy levels of one person in a studio dwelling unit, two persons in a one bedroom dwelling unit, three persons in a two bedroom dwelling unit, and one additional person for each additional bedroom thereafter.

"Affordable sales price" means the maximum purchase price that will be affordable to the specified household at the specified income level. The purchase price shall be considered affordable only if it is based on a reasonable down payment, and monthly housing payments (including interest, principal, mortgage insurance, property taxes, homeowners insurance, homeowners association dues, property maintenance and repairs, and a reasonable allowance for utilities), all as determined by the county, that are equal to or less than:

1.

For very low income households: fifty percent of the median income for the county multiplied by thirty percent and divided by twelve.

2.

For low income households: seventy percent of the median income for the county, multiplied by thirty percent and divided by twelve.

3.

For moderate income households: one hundred ten percent of the median income for the county, multiplied by thirty-five percent and divided by twelve.

Affordable sales price shall be based on presumed occupancy levels of one person in a studio dwelling unit, two persons in a one bedroom dwelling unit, three persons in a two bedroom dwelling unit, and one additional person for each additional bedroom thereafter.

"Affordable units" means those deed-restricted dwelling units which are required to be offered for sale at an affordable sales price to specified households pursuant to Section 18.107.080 or which the applicant proposes to offer for rent at an affordable rent pursuant to Section 18.107.110 or which the applicant constructs pursuant to an equivalency proposal approved pursuant to Section 18.107.100.

"Annual household income" means the combined gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.

"Density bonus" means a density increase over the otherwise maximum allowable residential density for a residential project.

"Density bonus units" means those dwelling units allowed pursuant to the provisions of this chapter which exceed the maximum residential density for a residential project.

"Development standard" is as defined in state density bonus law.

"Discretionary permit" means any permit issued pursuant to Title 17 or Title 18 of this code which requires the exercise of judgment or deliberation from the decision-making body, including but not limited to, use permits, variances, site plan approval, general and specific plan amendments, zoning amendments, and the approval of tentative, final or parcel maps.

"Floor area" for a residential project is that area included within the surrounding walls of a dwelling unit as calculated by the building division in accordance with its standard practice. This area does not include garages, carports or common areas.

"Gross square feet" is the area included within the surrounding walls of a structure as calculated by the building division in accordance with its standard practice. This area does not include garages or carports. The gross square footage of any tank or wine crush pad or similar non-walled wine-related structure shall be included in the gross square feet of a nonresidential development.

"Housing board" means any affordable housing fund board established pursuant to Section 18.107.020 as advisory to the board of supervisors.

"Housing director" means the county executive officer or the designee of such person.

"Housing fund" means the affordable housing fund for the county established pursuant to Section 18.107.020 of this chapter.

"Low income households" are those households whose income does not exceed the low income limits applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

"Market rate units" means dwelling units in a residential project which are not affordable units or target units.

"Maximum allowable residential density" is as defined in state density bonus law.

"Median income" means the median income, adjusted for family size, applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

"Moderate income households" are those households whose income does not exceed the moderate income limits applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

"Nonresidential development" means any development in the county for which a discretionary permit or building permit is required, other than those developments involving solely residential projects, that includes an addition, the new construction of gross square feet of nonresidential space, the conversion of a residential use to a nonresidential use, or the conversion of one nonresidential use to another nonresidential use.

"Residential project" means any development for which a discretionary permit or building permit is required that includes the creation of one or more additional dwelling units, an addition to a dwelling unit, conversion of nonresidential uses to dwelling units, or a condominium conversion.

"Residential ownership project" means any residential project that includes the creation of one or more residential dwelling units that may be sold individually. A residential ownership project also includes the conversion of apartments to condominiums.

"Residential rental project" means any residential project that creates residential dwelling units that cannot be sold individually.

"Senior citizen residential project" means a senior citizen housing development with at least thirty-five dwelling units as defined in Civil Code Section 51.3, or a mobile home park that limits residency based on age requirements for older persons pursuant to Civil Code Sections 798.76 or 799.5. It may include a shared housing building development as defined in state density bonus law.

"Target unit" means a deed-restricted dwelling unit within a residential project which is reserved for sale or rent, at an affordable rent or affordable sales price, to very low, low, or moderate income households, and which qualifies the residential project for a state density bonus and other incentives under state density bonus law.

"Very low income households" are those households whose income does not exceed the very low income limits applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

(Ord. No. 1334, § 3, 1-19-2010)

(Ord. No. 1386, § 2, 12-10-2013; Ord. No. 1495, § 50, 9-24-2024)