Chapter 3.50 — LIBRARY FACILITIES FEES

Editor's note(s)—Ord. No. 03-20 , § I, adopted Feb. 11, 2020, amended Ch. 3.50 in its entirety to read as herein set out. Former Ch. 3.50, §§ 3.50.010—3.50.140, pertained to similar subject matter, and derived from Ord. 11-03.

The City Council of the City of Orange finds and declares that all recitals set forth in the preamble of the ordinance codified in this chapter are true and such recitals are incorporated in this chapter and set forth as findings of the City Council; and the City Council does further find and declare as follows:

• A. The State of California, through the enactment of Section 66000 et seq. of the Government Code of the State of California, also known as the Mitigation Fee Act, has determined the nexus that must be established in the enactment of development impact fees.

• B. The imposition of development impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of public facilities and services necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare.

• C. This chapter recognizes that new development projects within the City will result in additional growth and that such growth will place additional burdens on library facilities, infrastructure and services, necessitating the acquisition of land and construction of library facilities and expansion of services and infrastructure in order to meet and accommodate new development projects.

• D. New development projects should bear a proportionate financial burden in the construction and improvement of library facilities necessary to serve them.

• E. The cost of providing library facilities occasioned by new development projects exceeds the revenue generated by fees exacted from the development projects.

• F. In adopting fees authorized by this chapter, the City shall establish the fees based upon the costs generated through the need for new library facilities and other capital acquisition costs required, incrementally, by new development.

• G. The fees established by this chapter shall not exceed the reasonable cost of providing library facilities occasioned by new development projects.

• H. The fees established by this chapter shall bear a rational relationship to the reasonable cost of providing library facilities occasioned by new development projects.

• I. The fees established by this chapter are consistent with the goals and objectives of the City's general plan and are designed to mitigate the impacts caused by new development throughout the City. Development impact fees are necessary in order to help finance the required library facilities and to pay for new development's fair share of their costs.

• J. Imposition of fees to finance library facilities required by new development is necessary in order to avoid adversely impacting existing library facilities and services.

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City of Orange, CA

REVENUE AND FINANCE

§ 3.50.010

§ 3.50.020

(Ord. 03-20, 2020)

For purposes of this chapter, unless otherwise apparent from the context, the following terms, phrases, words and their derivations shall have the following meanings:

"Building permit" means any permits required for construction, such as electrical and plumbing permits, moving permits, and the like.

"Developer" means the legal or beneficial owner or owners of a lot or of any land included in a proposed development project, including the holder of an option or contract to purchase or other persons having an enforceable proprietary interest in such land, who is legally responsible for payment of a library facilities fee by this chapter.

"Dormitory-style housing" means student housing facilities for individual or group accommodation owned or operated, or authorized to be acquired, constructed, furnished, equipped and operated, by a college or university for use by students, faculty members, or other employees of any college or university.

"Dwelling unit" shall have the meaning given to that term in Section 17.04.023 of this code but, for the purposes of this chapter, shall also mean and include any of the other types of housing units within the definition of the term, residential development project, in this section.

"Library facilities" means library buildings and improvements, print and audiovisual materials, furniture, fixtures, technology and equipment.

"Library facilities fee" means a monetary exaction, other than a tax or special assessment, which is established by the City Council under this chapter and is charged by the City to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of library facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Article 2.5 of Chapter 4, Division 1, Title 7 of the California Government Code (commencing with Section 65864).

"Master plan" means the Orange Public Library Facilities Master Plan, 2002—2020, as adopted by the City Council of the City of Orange on January 14, 2003, as the same may be amended from time to time.

"Residential care facility for the elderly" means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. As used in this chapter, the term residential care facility for the elderly, shall also mean a housing arrangement chosen voluntarily by persons under 60 years of age, or their authorized representative, with compatible needs who are allowed to be admitted or retained in a residential care facility for the elderly.

"Residential development project" means any project undertaken for the purpose of developing real property with one or more dwelling units involving the issuance of a permit for construction or expansion. The term "residential development project" shall include a subdivision, condominiums, apartment houses, dormitory-style housing, fraternity and sorority houses, room and board facilities and mobile homes, permits for the erection of manufactured housing or structures, and structures moved into the City.

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City of Orange, CA

ORANGE CODE

§ 3.50.020

§ 3.50.040

"Subdivision" shall have the meaning given to that term in the Subdivision Map Act (commencing with California Government Code Section 66410) and, more specifically, in California Government Code Section 66424.

(Ord. 03-20, 2020)

• A. A library facilities fee is established to finance the cost of library facilities and improvements required by new development, which fee shall include an amount to recover the cost of preparation of the study and administrative overhead costs, to be set as a percentage of the library facilities fees which are collected pursuant to this chapter.

• B. The City Council shall, by resolution, set forth the specific amount of the library facilities fees.

• C. The fees established by this chapter shall be calculated on the basis of number of units for residential and square footage for nonresidential, as set forth in the resolution referenced herein.

• (Ord. 03-20, 2020)

The payment of a library facilities fee shall be due upon the following:

• A. All Nonresidential Development. Prior to the issuance of a building permit.

• B. Residential Development. The date of final inspection or certificate of occupancy for each unit, whichever occurs first. The rate at which the fee shall be charged shall be based upon the rate that was in place at the time a building permit was issued for each unit.

• C. Notwithstanding anything to the contrary set forth in subsections A and B, above, or in any other provision of this chapter, the library facilities fees shall apply to any development project which has heretofore received a tentative map approval or other approval from the City, where the approval of the same, assented to by the developer, has been conditioned upon payment of the fees established as a result of the study performed by the City.

• D. The timing of payment of the library facilities fees shall apply to all development projects upon which library facilities fees are imposed on or after the effective date of this chapter, unless one of the following applies:

  1. An earlier or later time for the payment of the fees is stated in a condition of approval for a particular development project because:

     • a. The fees are collected for improvements or facilities for which the City has established an account, appropriated funds, and adopted a proposed construction schedule or plan; or

     • b. The fees are to reimburse the City for expenditures previously made for a public improvement, service or amenity.

  2. The development project is subject to a statutory development agreement (pursuant to Government Code Section 65864) or an agreement pursuant to Chapter 17.44 of this code, which provides for the payment and/or satisfaction of library facilities fees in a

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City of Orange, CA

REVENUE AND FINANCE

§ 3.50.040

§ 3.50.080

manner different than set forth in this section.

• E. The City may require the developer of a residential development, as a condition to the issuance of a building permit, to execute and deliver to the City a contract, in recordable form, whereby the developer agrees to pay the library facilities fee within the time (or at the times) specified in subsection A of this section, which contract shall comply with the requirements of subsection (c) of Section 66007 of the Government Code of the State of California and shall be satisfactory in form and content to the City Attorney.

• (Ord. 03-20, 2020)

The library facilities fee shall be adjusted on the first day of July of each year to reflect the percentage of increase or decrease in the Consumer Price Index for All Urban Consumers (CPI-U) (Los Angeles-Long Beach-Anaheim; all items, not seasonally adjusted; 1982-1984=100 reference base) for the timeframe since the most recent increase. The adjusted fee, if any, shall be rounded to the nearest dollar for "per unit" fees and to the nearest one tenth of a cent for "per square foot" fees. The library facilities fee will be reviewed on an annual basis to determine if development and the corresponding library facilities improvements are proceeding as projected. (Ord. 03-20, 2020)

The fees referred to in Sections 3.50.030 and 3.50.050 may be revised, deleted, or otherwise amended by resolution of the City Council. (Ord. 03-20, 2020)

All fees collected under this chapter shall be promptly transferred for deposit into a special fund of the City entitled "library facilities fund." The fund shall be used only for the purposes stated in Section 3.50.010.

(Ord. 03-20, 2020)

• A. The following shall be exempted from payment of the library facilities fees established by this chapter:

  1. Alterations, renovations or expansion of an existing dwelling unit where no additional dwelling units are created and the use is not changed;

  2. Alterations or renovations of an existing commercial structure where no additional square footage is created and the use is not changed;

  3. The replacement of a destroyed or partially destroyed or damaged structure with a new structure, where no additional square footage is added; and

  4. Residential care facilities for the elderly, residential care facilities, mental sanitariums, health sanitariums, rest homes or the like.

• B. All determinations regarding the exemptions provided in subsection A, above, shall be

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City of Orange, CA § 3.50.080

ORANGE CODE

§ 3.50.100

made by the Director of Community Development.

• C. 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 City Council finds that a development project will serve a public purpose or satisfy a public need and is located within a special district, or involves direct City participation in the development project. Moreover, the City Council may, from time to time, and as the need may arise, set forth, by resolution, specific limitations, which will apply to waivers of fees which may be made pursuant to this section. In this regard, this chapter shall be considered enabling and directory.

• (Ord. 03-20, 2020)

• A. A developer of any development project subject to the fees described in this chapter may apply to the City Council for a reduction, adjustment or waiver of the fees, based upon the absence of any reasonable relationship or nexus between the impacts of that development project and either the amount of the fees charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than: (1) 10 days prior to the public hearing on the development permit application for the development project; or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate public hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the development project shall invalidate the waiver, adjustment or reduction of the fee if such change in use would render the same inappropriate. The hearing shall be noticed and conducted in the same fashion and manner as prescribed by the laws of the City for hearings on development permits.

• B. The City Council may, from time to time, and as the need may arise, set forth, by resolution, specific limitations which will apply to reductions, adjustments or waivers of fees which may be made pursuant to this section. In this regard, this chapter shall be considered enabling and directory.

• (Ord. 03-20, 2020)

• A. New development that, through demolition or conversion, will eliminate existing development is entitled to a fee credit if the existing development is a lawful use under the City's zoning ordinance, including a legal nonconforming use.

• B. New development that will replace development that was partially or totally destroyed by fire, flood, earthquake, mudslide, or other casualty or act of God, is entitled to a fee credit if the development that was partially or totally destroyed was a lawful use under the City's zoning ordinance, including a legal nonconforming use, at the time thereof.

• C. Credit for such eliminated development or development that was partially or totally destroyed as above specified shall be calculated by the Director of Community

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City of Orange, CA

REVENUE AND FINANCE

§ 3.50.100

§ 3.50.110

Development in accordance with the fee schedule set forth in the resolution to be adopted pursuant to Section 3.50.030 and shall be applied to new development on the same site. (Ord. 03-20, 2020)

• A. In-Lieu Fee Credits for Construction of Library Facilities.

  1. A developer required by the City to construct any library facilities (or a portion thereof) for which fees are required by this chapter as a condition of approval of a development permit may request an in-lieu credit of the library facilities fees. Upon request, an in-lieu credit of fees shall be granted for library facilities that mitigate all or a portion of the need therefor that is attributable to and reasonably related to the given development.

  2. Only costs proportional to the amount of the library facilities that mitigate the need therefor attributable to and reasonably related to the development shall be eligible for in-lieu credit, and then only against the fees to which the library facilities relate.

  3. The library facilities fees required by this chapter shall be reduced by the actual construction costs of the library facilities that relate to the library facilities fees, as demonstrated by the applicant and reviewed and approved by the Director of Community Development, all consistent with the provisions of subsections (A)(1) and (A)(2), above. Subject to the applicable provisions of subsection B of this section, if the cost of the library facilities is greater than the required library facilities fees, this chapter does not create an obligation on the City to pay the applicant the excess amount.

• B. Development Construction of Library Facilities Exceeding Needs Related to Development Project. Whenever a developer is required, as a condition of approval for a development permit, to construct any library facilities (or a portion thereof) for which fees are required by this chapter, which library facilities are determined by the City to exceed the need therefor attributable to and reasonably related to the given development project, a reimbursement agreement with the developer and a credit against the library facilities fees which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The credit shall be applied with respect to that portion of the library facilities which are attributable to and reasonably related to the need therefor caused by the development, and shall be determined, administered and processed in accordance with and subject to the provisions of this section. The amount to be reimbursed shall be that portion of the cost of the library facilities which exceeds the need therefor attributable to and reasonably related to the given development. The reimbursement agreement shall contain terms and conditions mutually agreeable to the developer and the City, and shall be approved by the City Council.

• C. Site-Related Improvements. Credit shall not be given for site-related improvements, including, but not limited to, traffic signals, right-of-way dedications, or providing paved access to the property, which are specifically required by the development project in order to serve it and do not constitute library facilities.

• D. Determination of Credit. The developer seeking credit and/or reimbursement for construction of improvements or facilities or dedication of land or rights-of-way, shall

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City of Orange, CA § 3.50.110

ORANGE CODE

§ 3.50.120

submit such documentation, including, without limitation, engineering drawings, specifications, and construction cost estimates, and utilize such methods as may be appropriate and acceptable to the Director of Community Development (or designee) to support the request for credit or reimbursement. The Director of Community Development (or designee) shall determine credit for construction of library facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the Director of Community Development (or his/her designee) determines that such estimates submitted by the developer are either unreliable or inaccurate. The Director of Community Development (or designee) shall determine whether library facilities are eligible for credit or reimbursement.

• E. Time for Making Claim for Credit. Any claim for credit must be made no later than the application for a building permit. Any claim not so made shall be deemed waived.

• F. Transferability of Credit—Council Approval. Credits shall not be transferable from one project or development to another without the approval of the City Council.

• G. Appeal of Determinations of Director of Community Development. Determinations made by the Director of Community Development (or designee) pursuant to the provisions of this chapter may be appealed to the City Council by filing a written appeal (setting forth in detail the factual basis therefor) with the City Clerk, together with a fee established by resolution of the City Council within 10 calendar days of the determination of the Director of Community Development (or designee). The appeal shall be considered by the City Council at a public hearing to be held, noticed and conducted in accordance with the provisions prescribed in Section 3.50.100 for public hearings with respect to fee adjustments. The decision of the City Council on the appeal shall be final.

• (Ord. 03-20, 2020)

The provisions of this chapter and any resolution adopted pursuant hereto shall at all times be subject and subordinate to the provisions of Chapter 5 (commencing with Section 66000), Division 2, of Title 7 of the California Government Code, as the same presently exists or may hereafter be amended from time to time, to the extent the same are applicable. In the event of any conflict between the provisions of this chapter and state law, the latter shall control. (Ord. 03-20, 2020)

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City of Orange, CA