This chapter is enacted pursuant to Government Code Section 66000 et seq., and the authority vested in the City of Napa, a charter city in the state of California.
(O97-010; O97-012; O97-014; O97-009)
This chapter establishes special fees charged as a condition of building permit approval and changes of use to defray the cost of specified public infrastructure facilities required to serve new development within the Big Ranch specific plan area, as delineated by the boundaries of the adopted City of Napa Big Ranch Specific Plan. The fees charged under this chapter do not replace other regulatory, development and processing fees or exactions; funding required pursuant to a development agreement or reimbursement agreement for amounts that may exceed a development's proportional share of infrastructure costs; assessments charged pursuant to special assessment or benefit assessment district proceedings; etc., unless so specified.
(O97-010; O97-012; O97-014; O97-009)
"Big ranch specific plan area"
includes an approximately 430 acre area as set forth in the Napa Big Ranch Specific Plan and shown on Exhibit A attached to the ordinance codified in this chapter and found on file in the office of the City Clerk.
"Basic Infrastructure Program"
is a capital improvement plan containing a list and schedule of public facilities that can be funded by the Big Ranch impact fee. The Basic Infrastructure Program is included in the Technical Report.
Land uses subject to the Big Ranch impact fee
are defined as follows:
1. 
"Single-family residential."
This category consists of single-family detached units.
2. 
"Multifamily residential."
This category consists of buildings containing two or more dwelling units, condominiums, townhouses and mobile home parks.
3. 
"Commercial."
This category includes, but is not limited to, retail and services businesses, grocery stores, eating establishments, hotels, motels, banks, sporting goods, clothing stores, laundromats, personal grooming shops, pet grooming, book and video rentals, hardware, furniture, household appliances, health spas, and similar uses.
4. 
"Medical office."
This category includes medical and dental offices.
5. 
"Mixed uses"
include combinations of land use types in a single project or building.
6. 
"Other uses"
includes all other uses not specified above, including, but not limited to, churches, institutional uses, fraternal organizations, schools and day care centers and hospitals.
"Change of use"
shall include:
1. 
Conversion of one use to a new use.
2. 
Expansion of an existing use at its current location or at a different location within the Big Ranch Specific Plan Area.
3. 
A new use in an existing structure.
4. 
Any use requiring a conditional use permit.
(O97-010; O97-012; O97-014; O97-009)
A. 
Development Requiring Payment of Fee.
1. 
Building Permit. A person who applies for a permit to construct a residential or nonresidential building shall pay to the city a Big Ranch impact fee in an amount to be determined by resolution of the City Council.
2. 
Change of Use. A person who makes a change of use of a building with or without the requirement of a use permit shall pay to the city a Big Ranch impact fee in an amount to be determined by resolution of the City Council. In the case of change of use, the person shall pay only the incremental difference between the applicable Big Ranch impact fee for the prior use and the Big Ranch impact fee for the new use or in the case of a building constructed after the effective date of the ordinance codified in this chapter for which a Big Ranch impact fee was paid upon issuance of the building permit for construction, the difference between the amount of the fee paid and the Big Ranch impact fee for the new use.
B. 
Amount of the Fee. The amounts and calculation of each Big Ranch impact fee shall be established by resolution of the City Council and shall be based upon the following considerations:
1. 
New development will pay only for the construction of those public facilities where there is a reasonable relationship between the facilities funded and the demands and needs generated by the new development.
2. 
Each type of new development shall contribute to the funding of the needed facilities in proportion to the need for the facilities created by that type of development.
3. 
The public facilities funded by the Big Ranch impact fee and the calculations resulting in the Big Ranch impact fee amount are documented in the technical report.
C. 
Fee Details.
1. 
Residential Fees. The Big Ranch impact fee for residential construction shall be charged for each new dwelling unit.
2. 
Fees for Nonresidential Uses. The Big Ranch impact fee for nonresidential construction shall be charged on a per square foot basis for all new gross floor area, including all additions where floor area is increased, with a specific per square foot amount set for each nonresidential use type. No fee shall be charged for remodeling or restoration only, where the floor area is improved or replaced but not increased. Gross floor area is determined by calculating the combined area for all floors contained within the building's exterior walls. Parking area shall not be included in the calculation. If no floor area is added, but a change of use occurs, the fee shall be the incremental difference between the applicable fee for the prior use and the fee for the proposed new use.
3. 
Fees for Mixed Uses. When a single project or building contains more than one of the specified uses, the Public Works Director shall determine the Big Ranch impact fee by applying to each use category the applicable fee for that individual use.
4. 
Fees for Other Uses. Uses not specified in the technical report or the Big Ranch impact fee resolution shall be calculated by the Public Works Director on the basis of the facility costs and allocation methods used for the specified uses.
D. 
Formula for Calculating the Fees. The Big Ranch impact fee shall be determined by a formula that is based on the cost of the required infrastructure facilities, the proportion of those costs attributable to development in the Big Ranch Specific Plan Area as a whole, and each unit of development's proportional share of the Big Ranch Specific Plan Area costs as a whole. These formulas are included in the technical report and shall be updated from time-to-time to reflect changes in construction costs, development schedules, availability of supplemental funds, and other relevant factors.
(O97-010; O97-012; O97-014; O97-009)
The Big Ranch impact fee shall fund public facilities identified in the Basic Infrastructure Program that are attributable to the new development within the Big Ranch Specific Plan Area as determined in the 1997 technical report and any future additions and amendments to the said report, all of which are incorporated in the chapter by this reference.
A. 
The city shall deposit the fees collected under this chapter in a special fund, the Big Ranch Area Development Impact Fee Account ("BRADIF Account"), in order to fund facilities listed in the Basic Infrastructure Program.
B. 
The fees and all interest earned on accrued funds shall be used only to:
1. 
Fund the costs of the public facilities specified in the Basic Infrastructure Program, or to reimburse the city for such costs if funds were advanced by the city from other sources. The costs of construction of public facilities shall include acquisition of property and property rights, costs of construction including costs associated with planning, administration and design, as well as actual building or installation, as well as any other costs associated with the construction of the facilities.
2. 
Reimburse developers or property owners who have been required or permitted to install facilities included in the Basic Infrastructure Program which are oversized, including supplemental size, length, or capacity beyond that which can be attributed to a specific development. Reimbursements are limited to the costs accrued when a developer or property owner constructs and dedicates to the city a public facility(ies) included in the Basic Infrastructure Program where the demonstrated costs of the facility(ies) constructed (but not to exceed the amount estimated in the Basic Infrastructure Program) exceeds the fee liability for an Infrastructure Item for a given project. Reimbursements shall not be available if the cost of the constructed and dedicated improvement is below the fee liability for an infrastructure item for a given project. Reimbursements for oversizing of facilities shall not be available until there is sufficient surplus fee revenue in the BRADIF Account for an infrastructure item.
3. 
Reimburse the City of Napa to offset administrative costs associated with administering and updating the Big Ranch impact fee.
(O2008 7)
The Public Works Director may adjust the Big Ranch impact fee obligation for each infrastructure item under the following conditions:
A. 
As consideration for public facilities constructed and dedicated to the city funded by a developer or property owner or funded by an assessment district, or Mello-Roos Community Facilities District or other land secured financing mechanism.
B. 
Credits shall be limited to public facilities required during the phase of development in which the project occurs; credits for facilities required for subsequent phases of development shall be treated as reimbursements as described in Section 15.98.050(B)(2).
C. 
If the developer's or property owner's actual documented construction cost for basic infrastructure improvement(s) exceeds the costs set forth in the Basic Infrastructure Program, the fee credit against the relevant infrastructure item shall be limited to the cost set forth in the Basic Infrastructure Program; if the actual documented construction cost of an improvement is below that estimated in the Basic Infrastructure Program, the value of the credit is limited to the actual documented cost of the improvement(s). If a portion of a needed basic infrastructure improvement is constructed, the proportional value of the credit shall be calculated by the Public Works Director in accordance with the assumptions contained within the technical report.
D. 
Fee credits granted herein may be used only as a credit against that portion of the Big Ranch impact fee obligation for each Infrastructure Item. Fee credits, reimbursements or other funding provided by or under any other city or outside agency program may not be used to reduce the Big Ranch impact fee obligation hereunder.
(O97-010; O97-012; O97-014; O97-009)
The following actions are exempt from the requirement to pay the Big Ranch impact fee:
A. 
Alteration, remodeling or reconstruction of an existing residential building where no additional dwelling units are created;
B. 
Demolition of an existing residential building and the construction of a new residential building on the same site where no additional dwelling units are created;
C. 
Alteration, remodeling or reconstruction of a nonresidential building which does not involve the change of use nor increase the gross floor area in existence and in use as of the effective date of the ordinance codified in this chapter;
D. 
No Big Ranch impact fee shall be due if the fee was previously paid-in-full for a particular property and use, and no refund (in accordance with Section 15.98.100) has been issued;
E. 
Public agency projects (including special districts) which provide public infrastructure within the scope of the public agency's responsibilities.
There are no other exemptions to the Big Ranch impact fee.
(O97-010; O97-012; O97-014; O97-009)
The Big Ranch impact fee shall be paid to the city prior to issuance of a building permit or, if no building permit is required, prior to the commencement of a change of use or within 30 days after approval of a use permit authorizing a change in use, whichever comes first. The city has, or will have, established accounts and appropriated funds for the various facilities set forth in the Basic Infrastructure Program and proposed a construction plan.
(O97-010; O97-012; O97-014; O97-009)
Fees collected pursuant to this chapter do not replace existing development fees, except as the Council may specifically provide, or other charges or limit requirements or conditions to provide additional mitigation of impacts imposed upon development projects as part of normal development review process.
(O97-010; O97-012; O97-014; O97-009)
A. 
If an unused building permit or unused use permit expires, is canceled, or is voided, and any fees paid pursuant to this chapter have not been expended, the Public Works Director shall, upon the written request of the person who paid the fee, order return of the fee less administrative costs. Refund requests shall only be honored for a period of 60 days following expiration, cancellation, or voiding of the building or use permit(s) subject to the refund. Following the expiration of this period, no refunds shall be granted.
B. 
During the annual review of the Big Ranch impact fee pursuant to Section 15.98.110, the City Council shall make a required finding(s) with respect to any fee revenue not expended or committed five years or more after it was paid and take all required actions pursuant to Government Code Section 66001.
(O97-010; O97-012; O97-014; O97-009)
The Big Ranch impact fee authorized by this chapter and implementing Council resolution(s), the accumulated fee funds and their appropriation and supporting documentation, including the technical report, shall be reviewed annually by the City Council.
(O97-010; O97-012; O97-014; O97-009)
The city shall cease to collect the Big Ranch impact fee established by this chapter once funds sufficient to construct all facilities described in the then current Basic Infrastructure Program have been collected.
(O97-010; O97-012; O97-014; O97-009)
Any person subject to the fee described in this chapter may appeal the amount of fee paid to the Council based upon the absence of any reasonable relationship or nexus between the impact of his, her or its development and either the amount of the fees charged or the type of facility to be financed or the portion of the facility attributable to the development. The appeal shall be made in writing and filed with the City Clerk no later than 10 days before the public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, within 10 days after payment of the fees objected to. The appeal shall set forth in detail the factual and legal basis for the claim. The Council shall consider the appeal at a public hearing commenced within 60 days after the filing of the appeal. The appellant shall bear the burden of presenting substantial evidence to support the appeal including comparable technical information to support appellant's position. The decision of the Council shall be final.
(O97-010; O97-012; O97-014; O97-009)