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 Napa County
 Code of Ordinances
 Title 18. ZONING*
 Chapter 18.107. AFFORDABLE HOUSING AND INCENTIVES

  § 18.107.130. Residential projects—Application and review procedures.  

Latest version.

  • 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)