Richmond Municipal Code Ch. 12.63 Library Impact Fee

The City Council finds as follows:

(1) New development projects in the City of Richmond (hereinafter "City") have had and will continue to have significant impacts on the adequacy of the quantity and quality of books and adequate facility space in the City's library.

(2) The City Librarian has conducted a study analyzing the per household demand for library books and facility space and has, through that study, shown the reasonable relationship between the demand for new library books and space caused by new residential and commercial development, the costs of providing new books and adequate facility space, and the need to impose a fee to pay for those books and space needs. Said study is memorialized in a staff memorandum dated May 9, 2005, entitled "Library Impact Fee Study."

(3) City staff has determined that sources of City revenue other than development fees, including tax revenues which will be paid by new residential and commercial development, will be needed for many public purposes and therefore will not be sufficient to offset the need for new library books and space created by new residential and commercial development.

The purpose of this chapter is to establish a library impact fee that imposes upon future residential and commercial development projects, an equitable share of the cost of mitigating library book and space needs created by such projects.

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

(1) "Building permit" means a "building permit" as defined in Chapter 6.02 of this Code.

(2) "Certificate of occupancy" means an entitlement to occupy and use a building granted pursuant to City ordinance, rule or policy.

(3) "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.

Except as otherwise provided in this chapter, developers of residential and commercial development projects shall pay a library impact fee in an amount established by resolution of the City Council.

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

(1) Governmental or public facilities;

(2) Developments on real property owned by a government transportation agency which are used exclusively for public transportation purposes;

(3) Churches, temples, synagogues, and other buildings or structures used for religious worship;

(4) Public elementary schools and secondary schools;

(5) Private schools which meet the requirements contained in California Education Code Section 48222, or its successor, so that attendance at such school complies with California compulsory education requirements.

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.

The Planning Director, or the Director's designees, 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 or commercial development.

Fees required by this chapter from a residential or commercial developer shall be paid at the time that the City issues a building permit for each residential unit or group of units.

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 or commercial development project on library book demands in the City of Richmond and either the amount of the fee charged or the type of facilities to be provided.

(1) Applications. 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 Planning Director and shall be filed with the City Clerk not later than the time of application for a building permit for the residential or commercial development project. Each application shall state in detail the factual basis for the request for reductions, adjustment or waiver.

(2) Hearing. The City Council shall consider the fee adjustment application at a public hearing held within sixty (60) days after the fee adjustment application is deemed complete by the City Clerk.

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

(1) Fees collected pursuant to this chapter are erroneously or illegally collected. An application for refund pursuant to this subsection shall be filed with the Planning Director no later than ninety days after the initial payment of the fee pursuant to Section 12.63.090.

(2) 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 shall be filed with the Planning Director no later than ninety 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.

A person may be entitled to 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 Richmond Housing Element.

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.

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.

(Source: Ordinance No. 24-05a N.S.)