San Benito County Municipal Code Art. XIV Library Facility Impact Fees

This article shall be known as the “Library Facility Impact Fee.”

(Ord. 945, § 1(part), 2016)

(A) The Public Facilities and Services Element of the County General Plan includes goal to provide for new libraries, commensurate with population growth, that are accessible and provide opportunities for life-long learning, enabling residents to obtain skills to meet the needs of evolving business sectors.

(B) The County General Plan includes a requirement of new development to pay its fair share of public facility and service costs.

(C) New development within the unincorporated area of the county will generate the need for the construction of new facilities and/or renovation of existing ones to meet the demands of the new development.

(D) The purpose of this article is to impose development impact fees to fund the cost of certain library facilities, the need for which is directly or indirectly generated by the type and level of development proposed within the unincorporated area, consistent with Article XI, Section 7 of the California Constitution and the Mitigation Fee Act (Cal. Gov’t Code §§ 66000 et seq.).

(Ord. 945, § 1(part), 2016)

For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMINISTRATIVE CHARGE. The component of the development impact fee for amounts spent, or authorized to be spent, in connection with the collection, calculation, processing, program development and other management of the development impact fees and Development Impact Fee Program.

BOARD. The Board of Supervisors of the County.

BUILDING PERMIT(S). The permit(s) issued or required for the construction, improvement, or remodeling of any structure pursuant to and as defined by the county Building Code.

COSTS. Amounts spent, or authorized to be spent, in connection with the planning, financing, acquisition and development of library facilities consistent with the Library Facilities Impact Fee Study including, without limitation, the costs of site acquisition, site improvements, construction, engineering, design, consulting fees, permit fees, furnishing, materials collection, and administration.

COUNTY. The County of San Benito.

DEVELOPMENT IMPACT FEES. The fees levied by this article upon the approval of a building permit within the unincorporated area of the county.

DEVELOPMENT IMPACT FEE PROGRAM. The plan entitled “Library Facilities Impact Fee Study,” adopted by resolution by the Board on April 26, 2016, for financing of designated library facilities within the unincorporated area of the county, including any amendments thereto.

FACILITIES. Those library facilities specified in the Library Facilities Impact Fee Study.

FEE CATEGORY(IES). The categories of fees applicable to the types of residential development.

RESIDENTIAL DEVELOPMENT. The original construction or installation of single- family residential dwelling units or multi-family residential dwelling units. These may include residential buildings typically called single-family attached homes, duplexes, triplexes, quadplexes, townhomes, condominiums, apartments, manufactured homes, mobile homes, and residential accessory dwellings.

(Ord. 945, § 1(part), 2016)

A separate development impact fee is hereby established and shall apply to all residential development within the county in the amount of $1,290 for each single family residence and $1,182 for each multi-family residence.

(Ord. 945, § 1(part), 2016; Ord. 962, § 18, 2017)

(A) There is hereby established by the county a special interest-bearing trust fund entitled the Countywide Library Facilities Fund. All development impact fees collected pursuant to this article shall be placed in said Fund and expended only for the purposes identified by this article.

(B) The Countywide Library Facilities Fund shall be administered by the county.

(Ord. 945, § 1(part), 2016; Ord. 962, § 19, 2017)

No residential building permit shall be approved or issued for property within the unincorporated area unless the development impact fees for that property are paid as required by this article.

(Ord. 945, § 1(part), 2016)

The development impact fees imposed pursuant to this article shall be paid by the building permit applicants for residential development within the county.

(Ord. 945, § 1(part), 2016; Ord. 962, § 21, 2017)

The following shall be exempt from the development impact fees:

(A) Any replacement or reconstruction (no change in use) of any residential unit. However, if the residential unit(s) replaced or reconstructed exceeds the documented total number of units of the original residential structure, the excess units are subject to the development impact fees. If a residential structure has been vacant for more than five years, the exemption will not apply.

(B) Additions of single-family residential structures provided no change in use occurs and a second full kitchen is not added.

(C) Additions to multi-family residential structures that are not part of a mixed use type project provided no change in use occurs and no additional units result.

(D) Non-habitable residential structures such as decks, pools, pool cabanas, sheds, garages, and similar structures.

(Ord. 945, § 1(part), 2016)

Beginning June 1, 2017, and thereafter each year by June 1 (or as soon thereafter as administratively may be processed), the County Resource Management Agency Director shall authorize the adjustment of the development impact fees for each fee category as follows:

(A) A “mean” index will be computed by averaging the index for 20 U.S. cities with the index for San Francisco by resorting to the January issue of the Engineering News Record magazine Building Cost Index of the year in which the calculation is being made.

(B) An adjustment factor shall be computed by dividing the “mean” index as calculated in division (A) of this section by the “mean” index for the previous January; however, the June 2017 adjustment factor shall be computed by dividing the “mean” index as calculated in division (A) of this section by the “mean” index for June 1, 2016, and, if a new development impact fee has been adopted after January of the previous year, the adjustment factor shall use the “mean” index from the month that the fee was adopted.

(C) The new development impact fee per fee category shall be calculated by multiplying the adjustment factor, as calculated in division (B) of this section, by the development impact fees per fee category in place prior to the annual adjustment.

(D) The costs of the facilities used in the Development Impact Fee Program shall be adjusted annually using the same adjustment factor pursuant to divisions (A), (B) and (C) of this section.

(Ord. 945, § 1(part), 2016)

This article is intended to establish a supplemental method for funding the cost of certain library facilities, the need for which will be generated by the level and type of development proposed within the county. The provisions of this article shall not be construed to limit the power of the Board to impose any other fees or exactions or to continue to impose existing fees or exactions on development within the affected area of the county, but shall be in addition to any other requirements which the Board is authorized to impose, or has previously imposed, as a condition of approving plans, rezones or other entitlements within the affected area of the county pursuant to state and local laws. Individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public facilities and other exactions required for the development.

(Ord. 945, § 1(part), 2016; Ord. 962, § 22, 2017)