Cal. Code Regs. tit. 5 § 20440

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 20440 - Grant Application Requirements
(a) Application for Bond Act grant funds
(1) For each application cycle, applicants shall submit:
(A) A completed Application Form found in section 20440, Appendix 1, and six additional copies of the form.
(B) One copy of each supporting document.
(2) Applications submitted for each cycle, including supporting documents, are the property of the California State Library.
(3) Applications shall be submitted by the application deadlines and sent to the mailing address specified in section 20442.
(b) Supporting documentation instructions
(1) All supporting documentation shall be submitted with the Application Form.
(2) Supporting documentation is required for all applications unless otherwise noted in the Bond Act regulations.
(3) If an Executive Summary is specified in a required document, it shall be no longer than two single-spaced typed pages. Limit type size to no smaller than 11 point if using a computer, or 12 pitch (elite) if using a typewriter.
(c) Supporting document submittals: site and building
(1) Boundary survey
(A) All applicants, except those with multipurpose projects, shall provide a boundary survey showing the metes and bounds of the proposed library site.
(B) Applicants with multipurpose buildings shall provide a boundary survey for the entire multipurpose project site.
(C) The survey shall be stamped and signed by a licensed land surveyor.
(2) Geotechnical report

Applicants with new construction or additions to existing public libraries or buildings to be converted to public libraries shall provide a copy of a geotechnical report performed by a licensed engineer.

(3) CEQA documentation [See section 20438(a)]
(4) Visual record of the existing library
(A) Applicants who have existing public library buildings that will be replaced or improved shall provide photographs and/or video of the existing public library building as support documentation concerning the age and condition of the building. If a new library building will replace more than one existing library, applicants shall provide photographs and/or video of each library being replaced.
(B) An applicant proposing a co-located joint use project in partnership with a public school that has an existing library shall also provide photographs and/or video of each school library that will be replaced or improved.
(C) All photographs and videos shall be labeled with the name of the applicant and the project name.
(5) Map and visual record of the site

Applicants with new construction or additions to existing public libraries or buildings to be converted to public libraries shall provide photographs and/or video of the site and surrounding area as follows:

(A) Visual record
1. Show views facing toward the site from a minimum of two vantage points from outside the site, one of which shall be the building front entrance.
2. Show at least one view from each of the following directions from the vantage point of the middle of the site, facing out: north, south, east, and west.
3. All photographs and videos shall be labeled with the name of the applicant and the project name.
(B) Map showing the site

Provide one or more maps showing the location of the proposed library site in the community showing the following:

1. The service area of the proposed project,
2. All major thoroughfares,
3. All public K-12 schools and,
4. All major retail business centers.
(6) Preliminary title report [See section 20438(c)(4)]
(7) Legal opinion regarding title exceptions [See section 20438(c)(5)]
(8) Site ownership, option to purchase, or possession of lease
(A) If a site is owned by the applicant at the time of application, the applicant shall submit verification of ownership.
(B) If the library site is not owned by the applicant at the time of application, the applicant shall submit one of the following with the Application Form:
1. For a site that will be purchased, a copy of a legally executed option to purchase agreement for the site.
2. For a site that will be donated, a copy of a legally binding agreement to donate the site.
3. For a site that will be secured through a lease or lease-purchase agreement, a legally executed lease or lease-purchase agreement for the site that is in compliance with the conditions of section 20440, Appendix 6, and which may contain a provision making the lease agreement or lease-purchase agreement contingent upon funding of the project by the Board.
(9) Building ownership (conversion projects)
(A) If a building is owned by the applicant at the time of application, the applicant shall submit verification of ownership.
(B) If a building to be converted into a public library is not owned by the applicant at the time of application, the applicant shall submit a copy of a legally executed option to purchase agreement for the building.
(C) In the case of a building that will be donated, the applicant shall submit a copy of a legally binding agreement to donate the building.
(10) Verification of property value

Completed property appraisals shall be submitted with the Application Form. [See section 20436(a).]

(11) Parking shared use agreement (if applicable) [See Application Form, Library Automobile Parking section]
(12) Required studies for remodeling, conversion, and addition-remodeling projects only

Applicants for remodeling, conversion, and addition-renovation projects shall submit the following with the Application Form:

(A) Structural study -- A licensed engineer's study that assesses the structural integrity of the existing building.
(B) Hazardous materials -- A hazardous materials survey that determines the presence of hazardous materials in the building and provides an initial cost estimate for the safe removal or abatement of the materials. The building survey for hazardous materials shall be performed by a hazardous materials consultant as defined in section 20432(f)(7).
(C) Energy audit -- a study performed by a licensed engineer that assesses the existing facility's energy efficiency and makes specific recommendations regarding how the facility can be made more energy efficient.
(D) ADA study -- a study performed by an ADA consultant that assesses the existing facility's limitations for its use by individuals with disabilities and makes specific recommendations regarding how the facility can be made physically accessible.
(E) Project feasibility study -- performed by architects and engineers to determine the feasibility of utilizing a specific building for the proposed public library project.
(13) First priority remodeling projects only: letter from the public school district superintendent [See section 20434(b)(1)(B)1.]
(14) First priority remodeling projects only: public school attendance area map [See section 20434(b)(1)(B)2.]
(d) Supporting document submittals: planning

For the required supporting documents defined in Appendices 3-5, all components and elements listed in the Appendices are required, but need not be in the specific order listed in the Appendices and may appear in any of the planning documents.

(1) Joint use projects only: cooperative agreement

Along with the grant Application Form for a joint use project, all applicants for joint use project funding shall submit a copy of the cooperative agreement between the public library jurisdiction and the public school district(s) that shall include the elements listed in section 20440, Appendix 2.

(2) Community Library Needs Assessment
(A) All applicants shall submit a copy of a Community Library Needs Assessment that demonstrates the need for the specific project and describes its relationship to the overall public library jurisdiction.
(B) Joint use project applicants shall develop the Community Library Needs Assessment as a collaborative effort between both the public library and the public school district(s) and shall also consider and respond to the needs of both public library and school library clienteles.
(C) The Community Library Needs Assessment shall have been completed or revised within five years of the application deadline.
(D) Community Library Needs Assessment components

The Community Library Needs Assessment shall include, but not be limited to, the elements listed in section 20440, Appendix 3.

(3) Library Plan of Service
(A) Applicants shall submit a Library Plan of Service that describes how the needs of the residents in the library service area, as identified in the Community Library Needs Assessment, will be met by the proposed project.
(B) The Library Plan of Service shall include the elements listed in section 20440, Appendix 4.
(4) Library Building Program
(A) Applicants shall submit a Library Building Program that demonstrates how the Library Plan of Service will be implemented in the project.
(B) The Library Building Program shall contain the components listed in section 20440, Appendix 5.
(5) Conceptual plans submittal
(A) All applicants shall submit conceptual plans on paper not less than 24"x36" prepared by an architect justifying the architectural and engineering projected construction cost estimate. The plans shall be submitted with the Application Form prior to the Board's application deadline.
(B) Applicants with multipurpose projects shall submit the required conceptual plans for both the total multipurpose project, as well as the library portion of the project.
(C) The conceptual plan submittal shall consist of the following:
1. An area plan showing the library site in context with the surrounding neighborhood buildings, parking, public transit stops, and streets. The plans and documentation shall demonstrate that the architectural design for the project is compatible with the scale and character of the surrounding neighborhood.
2. A site plan showing the library building, automobile and bicycle parking, access roads, bicycle and pedestrian pathways, and any anticipated future expansion of the building and parking. The site plan shall also indicate which direction is north.
3. A floor plan (single line drawing) identifying by name the major programmed areas for the library, including non-assignable spaces. Each area shall show the assignable square footage called for in the library building program and the actual square footage allocated on the floor plan.
4. Two sections through the building, one longitudinal and one latitudinal.
5. Two elevations, with one elevation being the front of the library building.
6. Outline specifications describing the type and quality of building systems, basic components, and components unique to the project. The specifications shall contain references to any applicable sections of State statutes and State building codes.
(e) Supporting document submittals: financial and certifications
(1) Projected construction cost estimate [See section 20436(b)]
(2) Multipurpose projects: cost analysis [See section 20436(f)(3)]
(3) Resolution certifying project budget, local funding commitment, supplemental funds, and public library operation

The applicant's governing body shall certify the following by resolution and submit a copy of the resolution with the Application Form:

(A) A commitment to provide the local matching fund amount identified in the Library Project Budget, as required by Education Code section 19995(a), including and identifying any amounts to be credited to local matching funds pursuant to section 19995(c) and (d).
(B) A commitment to provide supplemental funds necessary to complete the project at the level stated in the project budget [See section 20436(e)] .
(C) The availability of the local matching and supplemental funds specified in the project budget when they are needed to meet cash flow requirements for the project.
(D) The project budget contained in the Library Project Budget section of the Application Form.
(E) The accuracy and truthfulness of all information submitted in the Application Form and the required supporting documents.
(F) A commitment to operate the completed facility and provide public library direct service, unless the public library shall be operated in whole by a jurisdiction other than the applicant.
(G) A commitment that the facility shall be dedicated to public library direct service use for a period of 40 years following completion of the project, regardless of any operating agreements the applicant may have with other jurisdictions or parties.
(4) Operation of the facility involving a jurisdiction other than the applicant

If the completed public library will be operated by a jurisdiction other than the applicant, the applicant shall obtain from the operating jurisdiction a copy of a resolution of its governing body that certifies a commitment to operate the completed facility and provide public library direct service and submit the copy with the Application Form.

(5) Private funds -- availability deadline and account certification

The applicant shall submit a copy of an account statement from the applicant's accounting system showing the amount of private funds designated in the Library Project Budget section of the Application Form. This account statement shall be submitted with the Application Form.

Cal. Code Regs. Tit. 5, § 20440

1. New section and appendices 1-6 filed 12-5-2001; operative 1-4-2002 (Register 2001, No. 49).
2. Change without regulatory effect amending appendices 1 and 3 filed 3-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 12).

Note: Authority cited: Sections 19992 and 19994, Education Code. Reference: Sections 19988, 19989, 19993, 19996, 19997, 19998 and 19999, Education Code.

1. New section and appendices 1-6 filed 12-5-2001; operative 1-4-2002 (Register 2001, No. 49).
2. Change without regulatory effect amending appendices 1 and 3 filed 3-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 12).