Chapter 5.37
LIBRARY BOOK FEE

Sections:

5.37.010  Findings and intent.

5.37.020  Purpose.

5.37.030  Definitions.

5.37.040  Establishment of a library book fee.

5.37.050  Exemptions.

5.37.060  Public service projects.

5.37.070  Calculation of required fees.

5.37.080  Payment of fees.

5.37.090  Fee adjustments.

5.37.100  Fee refunds.

5.37.110  Fee credits for on-site or off-site construction of affordable housing.

5.37.120  Development agreement projects exempt.

5.37.130  Fees in effect at time required.

5.37.010 Findings and intent.

The city council finds as follows:

A. New development projects in the city of Benicia (hereinafter "city") have had and will continue to have significant impacts on the adequacy of the quantity and quality of books in the city’s library.

B. The city has secured state funds for and has budgeted the moneys for the construction of a new library to meet the needs of the existing city as well as future citizens who will be moving into the city in homes developed under the land use guidelines contained in the city’s general plan.

C. On January 8, 1991, the Benicia public library board of trustees adopted a plan of service goals for the Benicia public library. These goals include building a new library, automating current functions, and improving collections and services. The plan is fairly specific in regard to the kind of services and the types of collection development and expansion that is targeted. By adopting the 1991 Library Grant Application, the library board approved the grant guidelines of 2.5 books per capita.

D. The city librarian has conducted a study analyzing the per household demand for library books and has, through her study, shown the reasonable relationship between the demand for new library books caused by new residential development, the costs of providing new books and the need to impose a fee to pay for those books. Said study is memorialized in a staff memorandum dated September 23, 1991, entitled "New Development’s Impact on the Benicia Public Library."

E. City staff has determined that sources of city revenue other than development fees, including tax revenues which will be paid by new residential development, will be needed for many public purposes and therefore will not be sufficient to offset the need for new library books created by new residential development. (Ord. 92-5 N.S. § 1, 1992).

5.37.020 Purpose.

The purpose of this chapter is to establish a library book fee that imposes upon future residential development projects an equitable share of the cost of mitigating library book needs created by such projects. (Ord. 92-5 N.S. § 1, 1992).

5.37.030 Definitions.

For the purposes of this chapter, the following terms shall be defined as follows:

A. "Building permit" means a "building permit" as defined in Chapter 15.04 BMC.

B. "Certificate of occupancy" means an entitlement to occupy and use a building granted pursuant to city ordinance, rule or policy.

C. "Governmental or public facilities" means publicly owned buildings and structures used for the purposes of conducting city, county, state or federal government business. Such facilities shall include, but not be limited to, city halls, police and fire stations, offices, equipment yards, sanitation facilities, schools, recreation centers, and similar facilities. Private commercial development projects leasing publicly owned land shall not be considered governmental or public facilities. (Ord. 92-5 N.S. § 1, 1992).

5.37.040 Establishment of a library book fee.

Except as otherwise provided in this chapter, developers of residential development projects shall pay a library book fee in an amount established by resolution of the city council. See Resolution No. 02-146. (Ord. 92-5 N.S. § 1, 1992).

5.37.050 Exemptions.

The following developments shall be exempt from the requirements of this chapter:

A. Governmental or public facilities;

B. Developments on real property owned by a government transportation agency which are used exclusively for public transportation purposes;

C. Churches, temples, synagogues, and other buildings or structures used for religious worship;

D. Public elementary schools and secondary schools;

E. Private schools which meet the requirements contained in California Education Code Section 48222, or its successor, so that attendance at such schools complies with California compulsory education requirements. (Ord. 92-5 N.S. § 1, 1992).

5.37.060 Public service projects.

In order to ensure that the imposition of fees pursuant to this chapter will not be contrary to the public interest, or prevent the development of a public service project, the city council may waive all, or any portion of, the fees required by this chapter if the council finds that a residential development project will serve a public purpose or satisfy a public need and involves direct city participation in the development. (Ord. 92-5 N.S. § 1, 1992).

5.37.070 Calculation of required fees.

The community development director, or the director’s designee, shall be responsible for calculating the fees required by this chapter. This calculation shall be made at the time of application for the building permit for the dwelling unit. (Ord. 92-5 N.S. § 1, 1992).

5.37.080 Payment of fees.

Fees required by this chapter from a residential developer shall be paid at the time that the city issues a building permit for each residential unit or group of units. (Ord. 92-5 N.S. § 1, 1992).

5.37.090 Fee adjustments.

Any person subject to a fee required by this chapter may apply to the city council for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that person’s residential development project on library book demands in the city of Benicia and either the amount of the fee charged or the type of facilities to be provided.

A. Application. There shall be a separate application for each fee adjustment request made pursuant to this section. Such application shall be made on forms provided by the community development director and shall be filed with the city clerk not later than the time of application for a building permit for the residential development project. Each application shall state in detail the factual basis for the request for reduction, adjustment or waiver.

B. Hearing. The city council shall consider the fee adjustment application at a public hearing held within 60 days after the fee adjustment application is deemed complete by the city clerk. (Ord. 92-5 N.S. § 1, 1992).

5.37.100 Fee refunds.

Upon application, fees collected by the city pursuant to this chapter shall be refunded under the following circumstances:

A. Fees collected pursuant to this chapter are erroneously or illegally collected. An application for refund pursuant to this subsection (A) shall be filed with the community development director no later than 90 days after the initial payment of the fee pursuant to BMC 5.37.080.

B. The building permit expires, and no extension has been granted, for the residential development project upon which fees were imposed pursuant to this chapter. An application for refund pursuant to this subsection (B) shall be filed with the community development director no later than 90 days after expiration of the building permit. The amount of refund shall be reduced by an amount to cover the cost to the city for processing the refund. (Ord. 92-5 N.S. § 1, 1992).

5.37.110 Fee credits for on-site or off-site construction of affordable housing.

A person may be entitled to a reduction in the amount of the fees required by this chapter, in an amount to be determined by the city council, if that person constructs affordable housing in accordance with the Benicia Housing Element, Policy 2.04 and Program 2.05. (Ord. 92-5 N.S. § 1, 1992).

5.37.120 Development agreement projects exempt.

Any development project which is approved under a development agreement adopted pursuant to Government Code Section 65864 et seq. shall be exempt from the fees established by this chapter. (Ord. 92-5 N.S. § 1, 1992).

5.37.130 Fees in effect at time required.

The amount of the fees to be paid under this chapter shall be the amount of the fee in effect at the time the fees are required to be paid. See Resolution No. 02-146. (Ord. 92-5 N.S. § 1, 1992).