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Emeryville council directs staff to create streamlined Little Libraries program with application and no fee

2140757 · January 22, 2025

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Summary

After a study session on “Little Free Libraries,” Emeryville staff recommended a low‑burden city program for boxes placed in the public right of way; council members asked for a simple application and for staff to return with a resolution waiving the application fee.

Emeryville — The City Council directed staff to return with a resolution establishing a city program to permit Little Free Library boxes in the public right of way, with a simple application and no application fee.

Public Works management analyst Josie Ahrens led a study session that reviewed options for regulating small book‑exchange boxes in the public right of way. Ahrens said the city currently had no formal process for boxes in the right of way and noted Little Free Libraries is a nonprofit based in Saint Paul, Minnesota. "This program would not apply to libraries installed on private property," Ahrens said.

The staff recommendation (labeled Option 2 in the report) would create a council‑adopted city program implemented by resolution, not an amendment to the municipal code. Under the recommended approach, applicants would submit a short application and the director of public works, or a designated designee, could approve installations and attach conditions to protect pedestrian, bicycle and vehicular movement.

Council members asked questions about content, enforcement and cost. Council Member Welch asked whether the boxes should be limited to books only; Ahrens replied the sponsor would be responsible for content but the staff did not recommend a content restriction unless council desired one. Council Member Pryforce asked whether there was an application fee; staff confirmed one existing encroachment permit had carried a $231 fee, and several council members proposed waiving any fee to encourage participation.

Vice Mayor Carr emphasized a preference for the staff recommendation because it is "more streamlined and the process is simpler for the applicant," and suggested time‑, place‑and‑manner style guidance for boxes in the public right of way. Several council members supported an application requirement but with the fee waived. After discussion staff confirmed the direction: prepare a resolution to establish a program with a simple application and no fee.

Staff described the proposed program requirements that would be included in the resolution: written approval from the adjacent property owner and two neighboring owners for boxes placed in front of a property; a basic site sketch (a map screenshot suffices) showing location and height; a structural limit of roughly 18 inches in depth; the box must be anchored on its own post and must not obstruct ADA access aisles or the flow of pedestrians, bicycles or vehicles; and a complaint‑based enforcement procedure that could require removal if a box impedes movement.

Public comment included support from a resident who said they had placed community bulletin boards and urged the council to make the program equitable. Council members referenced Alameda County and other Bay Area cities for comparison: staff told the council San Francisco treats Little Free Libraries as minor encroachments while cities such as El Cerrito do not actively regulate them.

Ending: Staff told council they would return with a formal resolution and program materials implementing the application‑with‑no‑fee approach for Little Libraries in the public right of way. The council did not adopt the resolution at the study session; rather, members gave direction for staff to prepare the document and return for formal action.