§ 22.264

The purpose of this Chapter is to:

A.

Implement goals and policies of the General Plan, which:

1.

Promote an equitable distribution of the costs and benefits of governmental actions;

2.

Promote a distribution of population consistent with service system capacity and resource availability;

3.

Seek to maintain a balance between increased intensity of development and the capacity of needed public facilities; and

4.

Give priority to upgrading existing public facilities in areas lacking adequate facilities;

B.

Mitigate any significant adverse impacts of increased residential development upon public library facilities as required by the CEQA; and

C.

Implement the Mitigation Fee Act (section 66000 et seq. of the California Government Code).

(Ord. 2022-0008 § 144, 2022.)

Specific terms used in this Chapter are defined in Section 22.14.120(L) of Division 2 (Definitions), under "Library Facilities Mitigation Fee."

(Ord. 2022-0008 § 144, 2022.)

A.

The provisions of this Chapter shall apply only to residential development projects which, as of the effective date of the ordinance codified in this Chapter*, are yet to receive final discretionary approval and the issuance of a building permit, or other development right, and to any new residential use of existing buildings, which has not yet commenced as of said effective date.

B.

No tract map, parcel map, Conditional Use Permit, other land use permit, or other entitlement, shall be approved unless payment of the library facilities mitigation fee is made a condition of approval for any such entitlement.

(Ord. 2022-0008 § 144, 2022.)

22.264.040 - Exemptions from Fee.

The following shall be exempt from the provisions of this Chapter:

A.

Individual single-family residences, where not more than one such residence is proposed to be built by the same person or entity on contiguous lots; or

B.

Additions or modifications to existing residential units, provided that such additions or modifications do not increase the number of families that can be housed in such residential units.

(Ord. 2022-0008 § 144, 2022.)

A.

There is hereby established a library facilities mitigation fee. The amount of the fee to be imposed on a residential development project is based upon the findings and conclusions of the County Librarian, as set forth in the "Report on Proposed Developer Fee Program for Library Facilities—Prepared by the County of Los Angeles Public Library, October 1998," and shall not exceed the estimated reasonable cost of providing library facilities for such residential development project.

B.

The library facilities mitigation fee shall be a uniform fee within each library planning area, based on the estimated cost of providing the projected library facility needs in each library planning area, as identified in Table 22.264.050-A, below:

(Ord. 2022-0008 § 144, 2022.)

Editor's note— Fee changes in this Chapter include changes made by the County Librarian due to increases in the Consumer Price Index and are effective July 1, 2026.

Footnotes:

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Editor's note— Ordinance 98-0068, which enacts Chapter 22.264 (Ch. 22.72 at that time), is effective December 26, 1998.

A.

The amount of the fee established by Section 22.264.050 (Establishment of Library Facilities Mitigation Fee) shall be reviewed annually by the County Librarian, in consultation with the Auditor-Controller. On July 1st of each year, the fee in each library planning area shall be adjusted as follows: calculate the percentage movement between April 1st of the previous year and March 31st of the current year in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles, Anaheim, and Riverside areas, as published by the United States Government Bureau of Labor Statistics; adjust the fee in each library planning area by said percentage amount; and round to the nearest dollar. No adjustment shall increase or decrease the fee to an amount more or less than the amount necessary to recover the cost of providing the applicable library facilities.

B.

If it is determined that the reasonable amount necessary to recover the cost of providing the library facilities exceeds the fee as adjusted by Subsection A, above, the County Librarian shall present an alternative fee proposal to the Board for consideration. Such proposal may reflect increases or decreases in the actual cost of library facilities projects or, if such projects have not been completed, then the estimated cost of the proposed library facilities. The proposal may also reflect changes in the library facilities proposed as well as the availability or lack of other funds with which to provide such facilities.

C.

The County Librarian shall also present an alternative fee proposal to the Board for approval, as may be necessary, to ensure that the library facilities mitigation fee is a fair and equitable method of distributing the costs of the library facilities necessary to accommodate the library needs generated by the development of land in the unincorporated areas of the County which will increase library needs and usage.

(Ord. 2022-0008 § 144, 2022.)

A.

No building or similar permit for residential use shall be issued and no new residential use of an existing building shall occur until the applicant has paid the applicable library facilities mitigation fee to the County Librarian. In the event that an applicant desires to proceed with development of a portion of the residential development project, the applicant may obtain building permits for that portion of the project after paying a proportional share of the total applicable library facilities mitigation fee for the project, to the satisfaction of the County Librarian.

B.

The provisions of Subsection A, above, shall apply to payment of the library facilities mitigation fee for a residential development project if the fee will reimburse the County for expenditures already made, or if the County has previously adopted a capital improvement plan, or proposed construction schedule, and has established an account and appropriated funds for the library facilities to be financed by the fee. In all other cases, notwithstanding the provisions of Subsection A, above, payment of the fee for a residential development project shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first dwelling in the development, whichever occurs first. In such cases, execution of an agreement to pay the required fee, or applicable portion thereof, within the time specified herein, shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in section 66007 of the California Government Code.

(Ord. 2022-0008 § 144, 2022.)

All library facilities mitigation fees received by the County shall be deposited in a special library capital facilities fund and expended solely for the purposes for which the fee was collected. A separate library capital facilities fund account shall be established for each of the seven library planning areas. All interest

income earned shall be credited to each account and shall be used solely for the purposes for which the fee was collected.

(Ord. 2022-0008 § 144, 2022.)

A.

The County Librarian may accept substitute consideration in lieu of the library facilities mitigation fee required pursuant to this Chapter, provided the County Librarian finds that the proposed substitute consideration:

1.

Has a value equal to or greater than the applicable library facilities mitigation fee otherwise due;

2.

Is in a form acceptable to the County Librarian; and

3.

Is within the scope of the applicable library facilities project.

B.

The County Librarian may accept substitute consideration in lieu of a portion of the library facilities mitigation fee, required pursuant to this Chapter, where the County Librarian finds that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the County Librarian and is within the scope of the applicable library facilities project. Such substitute consideration may be accepted by the County Librarian only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the County Librarian, and the amount of the otherwise required fee.

(Ord. 2022-0008 § 144, 2022.)

The provisions of Section 22.264.090 (Consideration in Lieu of Fee) shall not prevent the execution of a reimbursement agreement between the County and a developer for that portion of the cost of library facilities paid by the developer which exceeds the need for the library facilities attributable to and reasonably related to the development.

(Ord. 2022-0008 § 144, 2022.)

This Chapter is intended to establish an alternative method for the financing of public library facilities, the need for which is generated directly or indirectly by a residential development project or projects. The

provisions of this Chapter shall not be construed to limit the power of the County to utilize any other method for accomplishing this purpose, but shall be in addition to any other fees or requirements which the Board is authorized to impose as a condition to approving new development pursuant to State and local laws.

(Ord. 2022-0008 § 144, 2022.)

Chapter 22.266 - LAW ENFORCEMENT FACILITIES FEE