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HomeMy WebLinkAbout1999-10-26 - ORDINANCES - AMEND UDC LIBRARY/TECH FEE (2)ORDINANCE NO. 99-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING THE SANTA CLARITA UNIFIED DEVELOPMENT CODE TO ADD SECTION 16.21.200 (LIBRARY FACILITIES AND TECHNOLOGY MITIGATION FEE) OF CHAPTER 16.21 (SUBDIVISION IMPROVEMENTS) AND SECTION 17.07.020 (DEFINITIONS) OF CHAPTER 17.07 (DEFINITIONS) TO ESTABLISH A LIBRARY FACILITIES AND TECHNOLOGY MITIGATION FEE FOR NEW RESIDENTIAL DEVELOPMENT. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: WHEREAS, Los Angeles County on October 27, 1998, has adopted the Los Angeles County Library Facilities Mitigation Fee for the Santa Clarita Valley Planning Area based upon the "Report on Proposed Developer Fee Program for the Library Facilities Report" that was prepared by the County of Los Angeles Public Library in October of 1998 which is on file with the City Clerk of the City of Santa Clarita; and WHEREAS, the City of Santa Clarita City Council, relying in part on the Report intends to adopt its own Library Facilities and Technology Mitigation Fee for new residential development. WHEREAS, that future residential development within the City of Santa Clarita will result in public library facility requirements in excess of existing capacity, and the City's General Plan and other provisions of law require such development impacts to be mitigated; and WHEREAS, that in the absence of this ordinance imposing a library facilities mitigation fee upon new residential development, existing and future sources of revenue will be inadequate to fund substantial portions of the county and/or city public library facilities located within the incorporated area (City of Santa Clarita) needed to avoid unacceptable service levels and related adverse impacts; and + WHEREAS, that the library facilities and technology mitigation fee will provide the additional funds necessary to provide the public library facilities required to accommodate the library needs generated by new residential development of land in the City of Santa Clarita and that the library facilities mitigation fee is a fair and equitable method of distributing the cost of public library facilities among the developments which will generate the increased library needs and usage; and WHEREAS, the goal of the library facilities and technology mitigation fee is to "preserve the character of the communities and the integrity of the Santa Clarita Valley by permitting orderly growth through the synchronization of development with the availability of public facilities such as roads, sewers, water service and schools needed to support it." (GOAL 1 of the City's General Plan Land Use.Element) In addition, the City has a Policy (1.1 of the City's General Plan Land Use Element) "to develop and implement a program of Development Impact Fees to provide adequate public facilities and services in a timely manner"; and WHEREAS, the City Council in recommending the adoption of the Negative Declaration by separate resolution under the provisions of the California Environmental Quality Act, specifically finds that the adoption of this Ordinance will have a deminimis impact on fish and wildlife resources. The City Council specifically find that in considering the record as a whole, the project and including the adoption of this ordinance involves no potential adverse effect, ether individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and Game Code. Furthermore, the City Council find that an initial study has been prepared by the City staff, considered by the City Council, which has been the basis to evaluate the potential for adverse impact on the environment and forms the basis for the City Council's determination, including the information contained in the public hearing records, on which a Negative Declaration of Environmental Impact was issued and this deminimis finding is made; and WHEREAS, that adoption of this ordinance is in compliance with the requirements of the Mitigation Fee Act, Government Code Section 66000 et seq.; and WHEREAS, notice of a public hearing regarding adoption of such ordinance was given as required by law; and WHEREAS, on October 12, 1999, the City Council held a public hearing at which the City Council considered adoption of this ordinance; and WHEREAS, at the public hearing all interested persons were given an opportunity to appear and be heard; and WHEREAS, the Library Facilities and Technology Mitigation Fee includes all territory within the incorporated boundaries of the City of Santa Clarita. NOW, THEREFORE, the City Council of the City of Santa Clarita does ordain as follows: SECTION 1. (Definitions) Chapter 17.07 of the Santa Clarita Unified Development Code is hereby amended to add the following definition: "LIBRARY FACILITIES means public library improvements and public library services and community amenities, the need for which is directly or indirectly generated by a residential development project, including but not limited to acquiring, through purchase, lease, lease -purchase, installment purchase or otherwise, improving, constructing, altering, repairing, augmenting, equipping and furnishing real property, buildings, equipment, materials and other facilities for the conduct of public library services and programs; providing collection development and maintenance, including acquiring books, magazines, newspapers, audio-visual, electronic media, and other informational materials; and all other auxiliary work which may be required to carry out that work, such as administrative, engineering, architectural and legal work performed in connection with establishing, implementing and monitoring such projects, indirect costs, and other incidental expenses of providing those library facilities, or all or any combination thereof." SECTION 2. Chapter 16.21 (SUBDIVISION IMPROVEMENTS) of the Santa Clarita SECTION 2. Chapter 16.21 (SUBDIVISION IMPROVEMENTS) of the Santa Clarita Unified Development Code is hereby amended to add Section 16.21.200 to read as follows: "16.21.200 Library Facilities and Technology Mitigation Fee A. 1. The provisions of this section shall apply only to residential development projects which, as of the effective date of this section, are yet to receive final discretionary approval and/or 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. 2. No tract map, parcel map, conditional use permit, other land use permit or other entitlement shall be approved unless payment of the library facilities fee is made a condition of approval for any such entitlement. B. The Library Facilities and Technology Mitigation Fee is hereby established by separate resolution of the City Council. C. The amount of the fee established shall be reviewed annually by the City and/or the Los Angeles County Librarian. 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. D. 1. 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 building and safety division of the City. 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 library facilities and technology fee for the project to the satisfaction of the Director of Planning and Building Services. 2. The provisions above shall apply to payment of the library facilities and technology mitigation fee for a residential development project if the fee will reimburse the City for expenditures already made, or if the City and/or County of Section D(1) 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 this section, 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 Government Code Section 66007. E. The following shall be exempt from the provisions of this section: 1. Additions or modifications to existing residential units, provided that such additions or modifications do not increase the number of households that can be housed in such residential units. F. All library facilities and technology fees received by the City 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 by the City. All interest income earned shall be credited to the account and shall be used solely for the purposes for which the fee was collected. G. The City Manager or designee may accept substitute consideration in lieu of the library facilities fee required pursuant to this section, provided the City Manager or his/her designee finds that the, proposed substituU2:consideration: 1. has a value equal to or greater than the applicable library facilities fee otherwise due; and 2. is in a form acceptable to the City Manager or designee; and 3. is within the scope of the applicable library facilities project. H. The City Manager or designee may accept substitute consideration in lieu of a portion of the library facilities mitigation fee required pursuant to this chapter where the City Manager or designee finds that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the City and is within the scope of the applicable library facilities project. Such substitute consideration may be accepted by the City only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the City Manager or designee, and the amount of the otherwise required fee. I. The provision referenced in (H) above shall not prevent the execution of a reimbursement agreement between the City 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. J. This section is intended to establish an alternative method for the financing of public libraryfacilities, the need for which is generated directly or indirectly by a residential development project or projects. The provisions of this section shall not be construed to limit the power of the City to utilize any other method for accomplishing this purpose but shall be in addition to any other fees or requirements which the City is authorized to impose as a condition to approving new development pursuant to state and local laws." SECTION 3. This Ordinance shall be effective thirty (30) days after adoption. SECTION 4. That the City Clerk shall certify to the passage of this ordinance and shall cause it to be published in the manner prescribed by law. PASSED AND APPROVED this 2hth day of October , 1999 . 4 L�� - YOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. qA_7 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of October , 19 9() That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 26th day of October 19 99 by the following vote, to wit: AYES: COUNCILMEMBERS : Heidt, Ferry, Weste, Klaj ic, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS ; None (� CITY CLERK :council\libord