HomeMy WebLinkAboutOrd. 1608-2020 (20-753)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Ordinance: ORD 1608-2020
File Number: 20-753 Enactment Number: ORD 1608-2020
ORDINANCE ADOPTING A LIBRARY IMPACT FEE
FOR THE CITY OF SOUTH SAN FRANCISCO.
WHEREAS, in August 2020 a study, entitled Development Impact Fee Study was prepared for the
City by the Matrix Consulting Group to analyze the relationship between new development in the City,
the parking -in -lieu facilities and collections needed to serve that growth, and the estimated costs of those
facilities and collections, and to analyze new development's fair share of library infrastructure costs
("Nexus Study"); and
WHEREAS, the Nexus Study estimates that, based upon the City's projected population increase
and current per capita usage of facilities and collections materials, the City will need approximately
9,900 square feet of additional library space and 32,000 additional materials in circulation in order to
maintain the current library service standard; and
WHEREAS, the Nexus Study further estimates that the total projected cost associated with future
residential and non-residential development through 2040 would be approximately $7.8 million; and
WHEREAS, City wishes to adopt the Library Impact Fee to better implement the goals contained
in the Nexus Study of maintaining adequate service standards in the face of the increase in library
service demands; and
WHEREAS, such development impact fees are not a "tax" as defined in Section 1, paragraph (e)
of Article XIIIC of the California Constitution ("Proposition 26") because such Fees and charges are
imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to
those not charged, and which does not exceed the reasonable cost to the local government of providing
the service or product, and/or such Fees and charges are imposed for a specific government service or
product provided directly to the payor that is not provided to those not charged, and which does not
exceed the reasonable cost to the local government of providing the service or product, and/or such Fees
and charges are imposed for the reasonable regulatory costs to a local government for issuing licenses
and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders
and the administrative enforcement and adjudication thereof; and/or such fees and charges are imposed
as a condition of property development; and
WHEREAS, the City will adopt a separate resolution to set the Fee at rates consistent with the Nexus
Study and this Ordinance; and
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File Number. 20-753
Enactment Number. ORD 1608-2020
WHEREAS, in accordance with Section 66019 of the Mitigation Fee Act, at least fourteen (14)
days prior to the public hearing at which this Ordinance was introduced, notice of the time and place of
the hearing was mailed to interested parties who filed written requests with the City for mailed notice of
meetings on new or increased fees or service charges; and
WHEREAS, ten (10) days advance notice of the public hearing at which this Ordinance was
introduced was given by publication in accordance with Government Code Section 6062a; and
WHEREAS, in accordance with Section 66016 of the Mitigation Fee Act, at least ten (10) days
prior to the public hearing at which this Ordinance was introduced, the Nexus Study was made available
to the public for review; and
WHEREAS, the action taken by this Ordinance has no potential for physical effects on the
environment because it involves an adoption of certain fees and/or charges imposed by the City, does not
commit the City to any specific project, and said fees and/or charges are applicable to future
development projects and/or activities, each of which future projects and/or activities will be fully
evaluated in full compliance with the California Environmental Quality Act ("CEQA") when sufficient
physical details regarding said projects and/or activities are available to permit meaningful CEQA
review (See CEQA Guidelines, Section 15004(b)(1)). Therefore, approval of the Fee and/or charges is
not a "project" for purposes of CEQA, pursuant to CEQA Guidelines, Section 15378(b)(4); and, even if
considered a "project" under CEQA, is exempt from CEQA review pursuant to CEQA Guidelines
Section 15061(b)(3) because it can be seen with certainty that there is no possibility that approval of the
Fee and/or charges may have a significant effect on the environment.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN
as follows:
SECTION 1. Findings
The City Council finds that the foregoing recitals are true and correct and are incorporated into the
Ordinance by this reference.
SECTION 2. Amendment to Chapter 8.74
The City Council hereby adopts Chapter 8.74 ("Library Impact Fee") of Title 8 of the South San
Francisco Municipal Code to read as follows:
Chapter 8.74
8.74.010 Purpose.
8.74.020 Library Impact Fee established.
8.74.030 Use of fee revenues.
8.74.040 Appeals.
8.74.010 Purpose.
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File Number: 20-753
Enactment Number: ORD 1608-2020
The City Council finds and determines that the City's library facilities and collection must be expanded,
rehabilitated, and replaced to accommodate the increased demand in library services created by new
development projected within South San Francisco while maintaining current service levels. The
purpose of the Fee is to finance these facilities and collection, which benefit development, and for each
new development to pay its fair and proportional share of these improvements. Specifically, the
purposes of the fee would be to expand and/or remodel existing library branches, acquire additional
space or repurpose current spaces to address emerging community needs, bolster the library collection in
diverse electronic and hardcopy formats, and replace and upgrade furniture, fixtures, technology, and
equipment to continue to meet the existing service level standard of the community.
8.74.020 Library Impact Fee established.
A. A citywide Library Impact Fee is established to pay for the expansion, rehabilitation, and
replacement of library facilities and collections.
B. The City Council shall, in a resolution adopted after a duly noticed public hearing, set forth the
amount of the fee, describe the need for the fee, list the types of transportation improvements to be
financed, describe the estimated cost of these improvements, describe the reasonable relationship
between the fee and the various types of future development, and set forth time for calculation and
payment of the fee.
8.74.030 Use of fee revenues.
Library Impact Fee revenue shall be used only for the purposes outlined in this chapter and by
resolution, consistent with the purposes of the Fee.
8.74.040 Appeals.
A developer may appeal the amount of the Library Impact Fee due in writing to the City Manager with
supporting documentation. The City Manager shall consider the appeal and shall make a decision on the
appeal. The decision of the City Manager shall be final.
SECTION 3. Severability.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it
would have passed the Ordinance, and each and every section, subsection, sentence, clause or phrase
not declared invalid or unconstitutional without regard to whether any portion of this Ordinance
would be subsequently declared invalid or unconstitutional.
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File Number: 20-753 Enactment Number., ORD 1608-2020
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be
prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance
is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's
Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance,
the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of
the full text of this Ordinance along with the names of those City Council members voting for and
against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from
and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco held the
23`a day of September 2020.
At a meeting of the City Council on 10/14/2020, a motion was made by Vice Mayor Addiego, seconded
by Councilmember Nicolas, that this Ordinance be adopted. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by L,40 �L
tosa Govea Acosta, City Clerk
s � �
Richard Garbar no, Mayor
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