§ 18.107.090. Residential projects—Housing fees.

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)