As used in this chapter:
"Addition"means an extension of or net increase in gross square feet floor area of an existing development project.
"Affordable rent"means monthly rent (including an allowance for tenant paid utilities as determined by the Director and all mandatory tenant paid fees for housing services) that does not exceed 30% of 60% of area median income for lower income households, that does not exceed 30% of 50% of area median income for very low income households, and that does not exceed 30% of 30% of area median income for extremely low income households. Affordable rent shall be based on presumed occupancy levels of one person in a studio unit, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter, or such other standard that applies pursuant to federal rules applicable to project financing.
"Affordable sales price"means the maximum purchase price that will be affordable to households of the specified target income level. A maximum purchase price shall be considered affordable only if each monthly owner-occupied housing payment (including mortgage, taxes, and insurance) is equal to or less than one-twelfth of 35% of the specified target household income level. The assumptions used to set the affordable sales price, including down payment, mortgage interest rate and loan term shall be determined by the Director. Affordable sales price shall be based upon presumed occupancy levels of one person in a studio unit, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter.
"Affordable unit"means and is limited to each dwelling unit which is (a) required to be rented at an affordable rent to an extremely low, very low or low income household pursuant to an affordable housing agreement executed in accordance with Section
15.94.080; (b) required to be sold at an affordable sales price to an extremely low, very low or low income household pursuant to an affordable housing agreement executed in accordance with Section
15.94.080; or (c) 500 square feet or less.
"Alteration"means any construction, remodel, renovation, or tenant improvement to an existing building or structure which does not result in an increase in the gross square feet floor area.
"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.
"Area median income"means the median income, adjusted for family size, applicable to Napa County, as determined annually by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the State of California Department of Housing and Community Development in Section
6932 of Title 25 of the California Code of Regulations, or successor provision published pursuant to California Health and Safety Code Section
50093(c).
"Chief Building Official"means the Chief Building Official of the City of Napa, or a designee of the Chief Building Official or City Manager.
"Developer"means every person, firm, partnership, joint venture, association, corporation or any entity or combination of entities that seeks a discretionary permit or building permit from the City of Napa for a development project.
"Development project"means any nonresidential development or residential development as those terms are defined under this section.
"Director"means the Community Development Director of the City of Napa, or a designee of the Community Development Director or City Manager.
"Discretionary permit"means any permit or license issued by the City of Napa for a project which requires the exercise of judgment or deliberation wherein the City decides to either approve or disapprove a particular activity in accordance with applicable laws, including, but not limited to, use permits, and the approval or modification of tentative, or tentative parcel maps pursuant to Title
16 of this code.
"Gross square feet floor area"means the sum of the gross horizontal floor areas of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings. In cases where no walls exist, the gross horizontal floor area shall be that area covered by the roof excluding two feet on each side of the structure for a standard roof projection. The square footage of any tank or wine crush pad or similar non-walled wine related structure shall be included in the gross square feet floor area of a nonresidential development. Outside areas used for sales and/or display may also be considered (e.g., plant nurseries, building materials, auto sales, wine production, outdoor seating, etc.) when the Director determines that the use of the outside area significantly contributes to the number of employees using the building. "Gross square feet floor area" for any development project shall be calculated by determining the combined gross square feet floor area for all floors of all buildings within the development project.
"Implementing resolution"means a resolution of the City Council of the City of Napa, including any technical reports incorporated therein by reference, which sets forth findings required under California Government Code Section
66001 and establishes affordable housing impact fees as authorized by this chapter.
"Manager"means the Housing Manager of the City of Napa, or a designee of the Housing Manager or City Manager.
"Market rate units"mean dwelling units in a residential development which are not affordable units, including units affordable to median and moderate income households.
"Nonresidential development"means any project, or any portion of a mixed or combined use project, for the construction, addition, or placement of a building or structure in a permanent location for which a discretionary permit or building permit is required that is not a residential development. The land use categories for nonresidential development include office, hotel, retail, and industrial uses. "Nonresidential development" shall not include repairs or alterations. For the purposes of this chapter, none of the following shall be considered a nonresidential development subject to payment of the affordable housing impact fee:
1. Developments located entirely on property owned or leased by the City of Napa, the County of Napa, the State of California or any of its political subdivisions, the United States of America or any of its agencies, to the extent the use of the property is for exclusively public purposes.
2. Any development to the extent it has a vested right to commence construction without payment of an affordable housing impact fee pursuant to state law or common law.
3. Any development operated by a nonprofit organization to provide food storage, meal service and/or temporary shelter or supportive services to the homeless.
"Planning Manager"means the Planning Manager of the City of Napa, or the designee of the Planning Manager or City Manager.
"Repair"means the reconstruction, renewal, or maintenance of any part of an existing building which does not result in an increase in the gross square feet floor area.
"Residential development"means any project for the construction of, addition to, or placement of, any dwelling unit in a permanent location for which a discretionary permit or building permit is required, or the subdivision of land, which is planned or designed for either of the land use categories identified below as "single-family residential" and "multifamily residential." For the purposes of this chapter: (a) a residential development shall not include alterations, repairs, or other projects which do not result in an addition to an existing residential development; (b) an affordable housing project shall not be considered a residential development subject to payment of the affordable housing impact fees established by this chapter; and (c) any portion of a residential development that is an affordable unit shall not be subject to payment of the affordable housing impact fees established by this chapter. The land use categories for residential development include:
1. Single-Family Residential. This category consists of single-family detached dwelling units, condominiums, and duplexes.
2. Multifamily Residential. This category consists of buildings containing three or more dwelling units (excluding condominiums), and mobile or manufactured homes in mobile home park.
"Transfer"means a change of fee ownership of the property that contains a development project.
(O2018-011, 8/7/18)