Chapter 7.8
LIBRARY FACILITIES DEVELOPMENT IMPACT FEE
Sections:
7.8.06 Inflationary adjustments.
7.8.01 Purpose and findings.
(a) The purpose of this chapter is to create and establish a library facilities development impact fee (“library fee”) for the City, which shall be used to mitigate adverse impacts to public library facilities and equipment attributed to new development. The library fee shall be used by the City to pay a portion of the costs of designated library facilities and equipment impacted by new development. The library fee shall be based on a method designed to ensure that developers pay their fair share of the cost of such library facilities and equipment required to serve the City’s growing population.
(b) The City Council finds that the existing library facilities and equipment will be inadequate to accommodate the needs generated by projected new residential growth in the City, including growth within the City’s sphere of influence, and that additional library facilities and equipment are needed to protect and promote the health, safety, and welfare of Clovis residents. This finding is based upon the February 2008 Clovis Library Facilities Impact Fees Study and the February 2003 County of Fresno Library Study (“justification reports”), capital improvement plans or other reports on file with the City, and on such other information provided to the City Council at the public hearing concerning the adoption of fees pursuant to this chapter, including reports from the City Engineer, City Manager, and such consultants as the City Council deemed necessary. The necessary library facilities and equipment are identified in the justification reports, capital improvement plans or other reports on file with the City.
(c) The City desires to require new development to pay its fair share of the cost to expand the library facilities and equipment that will be necessary to serve residential development. The purpose of this chapter is to establish the appropriate method of ensuring that sufficient funding for library facilities is available to serve residential growth in the City, including growth within the City’s sphere of influence.
(d) The failure to impose the conditions and regulations of this chapter on new development as defined herein would jeopardize residents of the community, in that it would permit construction and development to proceed without adequate library facilities and equipment or adequate means to finance such facilities and equipment.
(e) To determine the need for library facilities created by new residents and to spread the costs of such facilities among those who create the need for them, the City conducted the February 2008 Clovis Library Facilities Impact Fees Study and utilized the February 2003 County of Fresno Library Study. These justification reports estimated the number and type of library facilities and equipment to meet the needs created by new development and the costs of such facilities and equipment. The library fee established by this chapter shall be calculated in the manner called for in the justification reports, and as approved by the City Council, as those reports may be supplemented or amended from time to time, in order that the impact upon library facilities and equipment is borne by the type of development causing the need for such facilities and equipment.
(f) The library fee established by this chapter is in addition to any other fees or charges or taxes required by law or City Code as a condition of development. (§ 1, Ord. 08-09, eff. May 21, 2008)
7.8.02 Definitions.
For purposes of this chapter, the following words shall have the meanings indicated in this section:
(a) “Assisted living facility” shall mean a building or group of buildings containing individual living units or rooms for occupancy by infirm persons who require living assistance in the form of housekeeping services, meals, recreational programs, laundry services, shopping and transportation services, and/or limited medical care not involving a physician.
(b) “City” shall mean the City of Clovis, the Clovis Community Development Agency, and any other not-for-profit or governmental entity wholly and completely founded, organized and controlled solely by the City of Clovis.
(c) “Costs of public facilities and equipment” shall mean any costs related to the acquisition, construction and/or financing of public library facilities and/or equipment, including land acquisition and building costs, funded through the County of Fresno’s capital improvement program, the City’s capital improvement program, and/or the subject of the justification studies or public facility master plans, including but not limited to the costs associated with the preparation of those studies, this chapter and the fee resolutions necessary to implement this chapter.
(d) “Dwelling unit” shall mean each single-family dwelling and each living unit of an apartment, duplex, multiple dwelling, structure, condominium, cooperative, or planned development as defined in Section 11003 of the Business and Professions Code of the State, and each stall, space, site or location for a mobile home or trailer intended for use as a separate habitation or residence.
(e) “Dwelling unit equivalent” shall be rounded to the nearest tenth (0.1) of a unit and shall mean each one thousand five hundred (1,500) square feet, or fraction thereof, of gross building area of assisted living facilities and group homes.
(f) “Gross building area” shall mean the cumulative square footage of the building; in the case of a multi-story building it shall be the summation of square footage of all stories.
(g) “Group home” shall mean a twenty-four (24) hour residential care facility required to be licensed by the State of California or other licensing agency, including the City of Clovis, and serving more than six (6) residents.
(h) “Library facilities and equipment” shall mean the additional space at the existing Clovis branch library site in the Clovis Civic Center or locations elsewhere within the City and the City’s sphere of influence, including land, buildings, and related facilities and equipment, in or through which the County of Fresno conducts library operations for residents within the City of Clovis and the City’s sphere of influence, that will accommodate the residential growth which is projected to come into the City after the effective date of the ordinance codified in this chapter.
(i) “New development” shall mean any residential development, regardless of the underlying zoning, which occurs in the City or the City’s sphere of influence after the effective date of the ordinance codified in this chapter and/or any amendment to this chapter, including but not limited to development on any so-called “in-fill” lots. “Residential development” includes assisted living facilities, group homes, and caretaker residences.
(j) “Owner/developer” shall mean any person shown as the owner of land on the last equalized assessment roll or any person entitled to be shown as owner of land on the next assessment roll and/or the authorized representative of the owner of land. The City is not an owner/developer.
(k) “Person” shall mean and include every person, firm, or corporation who constructs or causes a dwelling unit or dwelling unit equivalent to be constructed, either by himself or through the services of any employee, agent, or independent contractor.
(l) “Related equipment” shall mean computer stations, books, bookshelves, furniture, and similar items necessary to furnish library facilities to meet the needs of new development within the City, based on studies adopted by the County of Fresno and the City or associated with a capital improvement program.
(m) “Related facilities” shall mean parking, major landscaping, fountains, monuments, signs or similar facilities, activities and operations of a general benefit to the City which will be necessary in order to construct adequate library facilities to meet the needs of new development within the City, based on studies adopted by the County of Fresno and the City or associated with a capital improvement program. (§ 1, Ord. 08-09, eff. May 21, 2008; § 13, Ord. 13-13, eff. July 12, 2013)
7.8.03 Relationship between the use of the fee and the type of development upon which the fee is imposed.
The City Council determines that there is a reasonable relationship between the use of the library fee and the type of development project for which the fee is imposed for the following reasons:
(a) The City Council finds that the use of the library fee generated from new residential development for public library facilities and equipment is reasonable because growth in residential population places additional demands on all such facilities.
(b) The City Council further finds that funding the costs of public library facilities and equipment based on studies adopted by the County of Fresno and the City, or associated with a capital improvement program, accomplishes the goals and purposes set forth in subsection (a) of this section and that the use of revenues generated by the library fee for projects and outlays set forth in studies adopted by the County of Fresno or the City, or associated with a capital improvement program, is warranted and justified. (§ 1, Ord. 08-09, eff. May 21, 2008)
7.8.04 Relationship between the need for additional public facilities and the type of development upon which the fee is imposed.
For the library facilities and equipment, the City Council is committed to establishing and ensuring an adequate level of public facilities and equipment for new development as set forth in the justification reports. The City Council determines that a reasonable relationship exists between the need for additional public library facilities and equipment for which the library fee is designed to pay, and the type of development project for which the library fee is imposed for the following reasons:
(a) The City Council finds that new residential development results in significant increases in City population and that such residential development adversely affects the public-library-facilities-to-population relationship. The City Council has further determined that because residential development results in significant increases in population, such development results in the need for public library facilities and equipment. Moreover, the City desires to establish and maintain an adequate level of public facilities and equipment for new development as set forth in the justification reports. Utilizing an EDU, residential development shall be assessed a fee at the rate established by resolution of the City Council for the costs of these required public facilities and equipment. (§ 1, Ord. 08-09, eff. May 21, 2008)
7.8.05 Amount of fee.
The library fee shall be established by resolution adopted by the City Council, based upon the justification reports, as those reports may be subsequently amended or supplemented, and upon a determination that there is a reasonable relationship between the amount of the fee and the cost of the public facility or equipment, or portion thereof, attributable to development of which the library fee is imposed. The library fee shall be included in the Master Development Fee Schedule and shall include an administrative charge, not to exceed the percentage shown in the Master Development Fee Schedule, to cover the cost of the City’s record keeping and handling, except that if sufficient fees are held in the particular fund and general interest sufficient to cover such costs, the administrative charge will be taken from such interest.
The library fee shall be based on the following:
(a) Each single-family residential lot shall pay a library fee for each dwelling unit.
(b) Each multifamily unit shall pay a library fee for each dwelling unit.
(c) Each assisted living facility and group home shall pay a library fee for each dwelling unit equivalent.
(d) The library fee shall be assessed and collected for modifications to existing residential, single-family residential, assisted living, group homes, and multifamily residential which add dwelling units or dwelling unit equivalents. (§ 1, Ord. 08-09, eff. May 21, 2008; § 14, Ord. 13-13, eff. July 12, 2013)
7.8.06 Inflationary adjustments.
The library fee established by this chapter shall be adjusted on an annual basis by one of the following methods:
(a) Automatically adjusted each calendar year, effective the first of January, by a percentage equal to the Engineering News Record Index for the California Cities for the twelve (12) month period preceding December (or similar publication).
(b) Adjusted to reflect actual construction/acquisition costs.
Such increase by one of these methods is not deemed an increase in the amount of the fee subject to the provisions of Section 66000 et seq. of the California Government Code, but shall be subject to City Council review and approval by resolution. (§ 1, Ord. 08-09, eff. May 21, 2008)
7.8.07 Payment of fee.
The library fee shall be due and payable as a condition precedent to and upon the approval of a final map, parcel map, or building permit. Payment may be deferred in accordance with the provisions of Chapter 6 of Title 3. (§ 1, Ord. 08-09, eff. May 21, 2008; § 15, Ord. 13-13, eff. July 12, 2013)
7.8.08 Exempted activities.
Any owner or developer engaging in development activities which satisfy the following criteria shall not be required to pay the library fee:
(a) An alteration that does not add a dwelling unit.
(b) Structures under construction for which a valid building permit is in force upon the effective date of the ordinance codified in this chapter unless such building permit or conditions of approval for the project contain an express condition requiring the payment of a library fee.
(c) Construction within a subdivision that is covered by a development agreement entered into between the developer and the City under Government Code Section 65864 et seq., which agreement is in full force and effect and expressly prohibits the imposition of additional general governmental fees.
(d) Building permits for projects with a vesting tentative map approved prior to the effective date of the ordinance codified in this chapter; provided, that the vesting tentative map did not require the payment of a fee to mitigate such impacts or include a condition for mitigation for impacts on library facilities.
Nothing in this chapter shall prohibit these regulations from applying to such projects if existing entitlements expire and/or the applicant applies for a new approval subject to the provisions of this chapter. The City Manager or his or her designee may issue regulatory guidelines to administratively implement this section. (§ 1, Ord. 08-09, eff. May 21, 2008)
7.8.09 Protest procedures.
An owner/developer may protest the imposition of fees, dedications, reservations, or other exactions on a development project imposed pursuant to the authority of this chapter, in accordance with Government Code Sections 66020 and 66021, by following the procedures for protesting fees adopted by resolution of the City Council. (§ 1, Ord. 08-09, eff. May 21, 2008; § 16, Ord. 13-13, eff. July 12, 2013)