§ 18.107.070. Nonresidential developments—Application and fee setting procedures.

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)