The city council finds that the purpose of the Library Impact
Fee hereby enacted is to prevent new residential development from
reducing the quality and availability of public services provided
to residents of the city by requiring new residential development
to contribute to the cost of expanding the availability of library
and cultural center assets in the city. The city finds:
A. There
are two libraries currently in the city: Archibald and Paul A. Biane
Library.
B. Paul
A. Biane Library is part of the Victoria Gardens Cultural Center.
C. Paul
A. Biane Library includes space for future expansion.
D. The
city will assess the need for any future development of a new library.
E. Fees
apply only to residential development.
F. The
need for fees to serve future development in the city without placing
a burden on existing resources.
G. The
libraries serve the entire population.
H. Revenue
from the impact fees will be used to expand the availability of library
and cultural center assets in the city through the acquisition or
improvement of real property; or the acquisition, construction, or
expansion of buildings, furnishings, equipment, or any of these.
I. New
residential development and the expansion of existing development
within the city impose a burden on the existing libraries by adding
additional population.
J. The
fees are based on the relationship between the city's existing population
and the replacement cost of existing libraries, cultural center facilities,
and material.
K. Population
is used as the demand variable when calculating these fees because
the need for libraries is normally defined in the terms of population
per unit for that type.
L. The
level of service standard used to calculate impact fees is the existing
ratio of facility and material replacement cost to population.
M. The
cost per capita will be applied to future population to compute impact
fees per unit.
N. Since
assisted living facilities are allowed in some residential zoning
districts with a conditional use permit; and residents of those facilities
do make use of the library facilities, impact fees will apply to new
development of these types of facilities.
O. Impact
fees for other specialized development types should be calculated
in the same way if the need arises.
P. The
fee established by this chapter is in addition to any other fees or
charges or taxes that are required by law as a condition of development.
Q. The
period of greater than ten days prior to adoption of this chapter,
data has been available to the public, and to developers and their
representative, indicating the cost or estimated cost of the infrastructure
to be funded, the revenue sources anticipated and means of spending
these costs.
(Ord. No. 865, § 4, 6-18-2014; Ord. No. 870 (Recodification), 2014; Ord. No. 978 § 3, 2021)
For the purposes of this chapter, the following words shall
have the meanings set forth below:
"Dwelling unit"
includes each single-family dwelling, each unit of an apartment,
duplex dwelling group or multiple dwelling structure or condominium
or planned residential development as a separate habitat for one or
more persons or each mobilehome space designed to contain a mobilehome
trailer on a semi-permanent or permanent basis.
"Facilities"
means those libraries or cultural center facilities, land,
improvements, or infrastructure located in the city.
"Person"
includes every person, firm or corporation constructing a
dwelling unit directly or through the services of any employee, agent
or independent contractor.
"Residential development"
includes all dwelling units constructed for the first time
on open land or when existing structures are remodeled, and added
to or otherwise altered to increase the number of dwelling units.
"Study"
means the current development impact fee study on file in the city's engineering services department that supports the fee resolution adopted pursuant to section
3.56.050.
(Ord. No. 865, § 4, 6-18-2014; Ord. No. 870 (Recodification), 2014; Ord. No. 978 § 3, 2021)
The city council finds that there is a reasonable relationship
between the use of the fees and the need for facilities of development
projects on which they are imposed.
A. The
finance director shall establish a special interest-bearing fund titled
"Library Impact Fees." All fees collected pursuant to this chapter
shall be deposited in this fund and shall be expended on the availability
of library facilities and material assets in the city.
B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section
3.56.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Library Impact Fee."
(Ord. No. 865, § 4, 6-18-2014; Ord. No. 870 (Recodification), 2014; Ord. No. 978 § 3, 2021)
The fee imposed by this chapter shall be due and payable no
sooner than issuance of building permits and no later than issuance
of a certificate of occupancy for the dwelling unit(s) subject to
the fee. No certificate of occupancy or temporary certificate of occupancy
may be issued until the development fee has been paid in full. The
amount of the fee shall be calculated at the time the fee is paid,
based upon the rate then in effect.
(Ord. No. 865, § 4, 6-18-2014; Ord. No. 978 § 3, 2021)
The fees to be paid by this chapter shall be set by resolution
of the city council.
(Ord. No. 865, § 4, 6-18-2014; Ord. No. 978 § 3, 2021)
In the event that a development project is found to have no
impact on facilities for which impact fees are charged, such project
must be exempted from the fees.
(Ord. No. 865, § 4, 6-18-2014; Ord. No. 978 § 3, 2021)
The city council finds that there is established a library fund
where all sums collected pursuant to this chapter shall be deposited
and shall be used to expand on the availability of library and cultural
center assets in the city to serve new development. Those public facilities
and other assets are identified in the study.
(Ord. No. 865, § 4, 6-18-2014; Ord. No. 978 § 3, 2021)
If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, such invalidity shall
affect the other provisions of this chapter which can be given effect
without the invalid provisions or its application, and to this end,
the provisions of this chapter are severable.
(Ord. No. 865, § 4, 6-18-2014; Ord. No. 978 § 3, 2021)