Chapter 5.37
LIBRARY IMPACT FEE
Sections:
5.37.040 Establishment of a library fee.
5.37.060 Determination of required fees.
5.37.080 Library fee fund and accounting.
5.37.110 Fees in effect when application complete.
5.37.010 Findings and intent.
The city council hereby finds and declares that:
A. New development projects in the city have had and will continue to have significant citywide (other than site-specific) impacts on the availability and adequacy of library facilities.
B. It is the city’s intent and desire (General Plan Goal 2.1) to maintain well-developed community facilities, including library facilities.
C. The imposition of impact fees is one of the customary methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development in order to promote and protect the public health, safety, and welfare.
D. The provisions of this chapter are enacted pursuant to the city of Benicia general plan and Section 66000 et seq. of the California Government Code (the “Mitigation Fee Act”). (Ord. 21-01 § 1 (Att. 1)).
5.37.020 Purpose.
The purpose of the library fee is to fund the library facilities reasonably necessary to serve new development and ensure that new development pays for its fair share of library facilities. (Ord. 21-01 § 1 (Att. 1)).
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” as used in this chapter has the same meaning as in California Government Code Section 66007(e).
C. “Dwelling unit” means a “dwelling unit” as defined in Chapter 17.12 BMC.
D. “Library facilities” means circulation materials, associated technological infrastructure, and capital improvements for library purposes.
E. “Library fee” shall mean the mitigation fee imposed on new development for the purpose of funding library facilities reasonably necessary to serve new development.
F. “New development” means all new residential building construction that creates one or more additional residential dwelling units. (Ord. 21-01 § 1 (Att. 1)).
5.37.040 Establishment of a library fee.
Except as otherwise provided in this chapter, applicants to develop residential development projects shall pay a library fee in an amount established by resolution of the city council in accordance with a nexus study that demonstrates the reasonable relationship between the fee’s use and the type of development project on which the fee will be imposed and demonstrates the reasonable relationship between the need for library facilities and the type of development projects on which the fees will be imposed. (Ord. 21-01 § 1 (Att. 1)).
5.37.050 Exemptions.
A. The following types of development shall not be required to pay a library fee:
1. Alterations, renovations or expansion of an existing residential building or structure where no new dwelling units are created.
2. Replacement of existing dwelling units on the same lot resulting in no net increase of residential dwelling units.
3. The replacement of a destroyed or partially destroyed or damaged building or structure where no additional dwelling units are created.
4. Nonresidential development. (Ord. 21-01 § 1 (Att. 1)).
5.37.060 Determination of required fees.
A. The public works director, or the director’s designee, shall be responsible for determining the fees required by this chapter. This determination shall be made at the time of application for the building permit for the new development.
B. The library fee may be modified automatically on an annual basis in accordance with the change in the Engineering News Record (“ENR”) construction cost index for the San Francisco area. This adjustment shall not require any action of the city council. (Ord. 21-01 § 1 (Att. 1)).
5.37.070 Payment of fees.
A. The fees required by this chapter from a developer shall be paid at the time the city issues a building permit for each development project, unless the developer of a nonsubdivision residential development enters into an agreement with the city to pay the fees at the time the certificate of occupancy is issued, pursuant to Government Code Section 66007(a). An agreement to defer payment until the issuance of a certificate of occupancy must be executed and recorded before the city will issue a building permit for the development project.
B. If new development changes or intensifies the existing use on the project site, thereby requiring the payment of a new or additional library fee, the fee amount associated with the existing use on the project site shall be credited against the new total fee due, as determined by the public works director; provided, however, that in no event shall the city refund the fees previously paid. (Ord. 21-01 § 1 (Att. 1)).
5.37.080 Library fee fund and accounting.
A. Library Fee Fund. Fees collected pursuant to this chapter shall be deposited in the library fee fund, and shall be segregated and used and expended primarily to fund library facilities reasonably necessary to serve new development. Any interest accrued by the account shall be used solely for the purpose of funding library facilities.
B. Library Fee Accounting. The city shall maintain accounts and prepare reports in accordance with California Government Code Section 66001 et seq. (Ord. 21-01 § 1 (Att. 1)).
5.37.090 Fee adjustments.
Any person subject to a fee required by this chapter may apply to the public works director for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that applicant’s residential development project on library facilities in the city and the amount of the fee charged.
A. Application. An applicant shall file a written request to adjust fees with the public works director not later than 10 days after the city notifies the developer of the amount of the fee to be charged. Additional time, as determined by the public works director, will be allowed when significant additional information is required of the developer. The application shall provide evidence illustrating that the payment of the fee authorized by this chapter and imposed by implementing resolution bears no reasonable relationship or nexus to the impact of the development on the need for library facilities within the city and shall state in detail the factual basis for the request for reduction, adjustment or waiver. If an applicant desires to receive a building permit prior to the completion of the appeal process, the applicant shall deposit the fee being appealed with the application. Such fee or portion thereof will be refunded if the appeal is successful.
B. Decision of the Public Works Director. The public works director shall issue a decision on the application within 30 days after the application is filed with the public works department. The public works director’s decision shall state his or her determination regarding the amount of the library fee that may reasonably be imposed on the subject new development and include a brief description of the basis for the director’s decision.
C. Appeal of the Decision of the Public Works Director. Decisions of the public works director may be appealed to the city manager. Appeals must be filed within 10 days of the public works director’s decision. The city manager shall review the application and evidence presented to the public works director and issue a decision within 15 days. The decision of the city manager is final and may be appealed or protested pursuant to Government Code Section 66020. (Ord. 21-01 § 1 (Att. 1)).
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.
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. 21-01 § 1 (Att. 1)).
5.37.110 Fees in effect when application complete.
The amount of the fees to be paid under this chapter shall be in the amount of the fee in effect at the time the development application is deemed complete. (Ord. 21-01 § 1 (Att. 1)).