HomeMy WebLinkAboutMC-650
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ORDINANCE MC-650
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.57 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CULTURAL
DEVELOPMENT CONSTRUCTION FEES AND REPEALING ORDINANCE NO.
MC-542.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION I.
Chapter 15.57 is added to the San Bernardino
Municipal Code to read:
"Chapter 15.57
CULTURAL DEVELOPMENT CONSTRUCTION FEES
15.57.010 Purpose.
The purpose of this chapter is to provide for the payment
of a fee applicable to a new construction or reconstruction of
commercial structures to provide funds for the promotion of fine
arts and culture, other than public facilities as defined in
Government Code Section 66000(d), within the City of San
Bernardino.
Enhancement of culture and art is deemed to be a
public benefit to all citizens of the community.
15.57.020 Definitions.
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter
are defined as follows:
A. 'Commercial structure' shall mean any building or
structure all or part of which contains a commercial or
industrial use permitted by this Code; provided, however,
'commercial structure' shall not include any building or
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December 22, 1988
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MC-650
1 structure constructed or reconstructed for the elderly and
2 handicapped pursuant to Title 15 of this Code, or pursuant to
3 Title 25 26 of the California Administrative Code.
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B.
'Construction cost' shall mean the total value of all
5 construction or reconstruction work on a commercial structure as
6 determined by the Superintendent of Building and Safety pursuant
7 to Section 15.04.080 of this Code in issuing a building permit
8 for such construction or reconstruction.
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C.
'Reconstruction' shall mean alterations or repairs
10 made to a commercial structure within any twelve month period
11 which alterations or repairs exceed fifty percent of the
12 replacement cost of an existing commercial structure, such that
13 such commercial structure is required to conform to the
14 requirements for new buildings pursuant to the Uniform Building
15 Code and Title 15 of this Code; provided, however, reconstruction
16 necessitated by earthquake or fire damage shall not be subject to
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17 this chapter.
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15.57.030 Cultural Development Construction Fee Imposed.
A.
A cultural development construction fee is imposed on
20 the privilege of constructing in the City any new commercial
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21 structure and any reconstruction of a commercial structure as
defined in Section 15.57.020 Subsection C.
Such fee shall be
23 equal to one-half (1/2) of one (1) percent of the construction
24 cost.
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B. Notwithstanding the foregoing provisions, the fee shall
26 not be imposed and charged for any permit for which an
27 application together with two sets of complete plans and
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January 22, 1988
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MC:650.
1 specifications as required by Sections 301 and 302 of the Uniform
2 Building Code are filed and approved with he City prior to
3 September 8, 1986, provided that the applicant has paid all plan
4 check fees prior to that date.
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15.57.040 Time of payment.
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The cultural development construction fee required in
7 Section 15.57.030 to be paid shall be due and payable upon
8 issuance by the City of a building permit for the construction or
9 reconstruction of any commercial structure; provided, however,
10 that there shall be a refund of such fee to the person who paid
11 such fee in the event that the building permit expires, within
12 the meaning of Section 302(d) of the latest edition of the
13 Uniform Building Code adopted in the City, within thirty days
14 after the date of such expiration, upon written application for
15 such refund by the person who paid such fee setting forth in full
16 the facts showing that such permit has expired. The full amount
17 due under this chapter shall constitute a debt to the City An
18 action for the collection thereof may be commenced in the name
19 of the City in any court having jurisdiction of the cause.
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15.57.060 Fee - Place of payment.
21 The fee shall be paid to the building official of the City
22 or his authorized agent at the office of the building department
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23 of the City.
25 fees.
15.57.070 Disposition of cultural development construction
26 The funds derived from this fee shall be deposited in a
27 separate fund with identification as tothe source, so that the
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MC-:650
. .
1 Mayor and Common Council may consider appropriate expenditures
2 in its annual budget for allocation to cultural development
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activities in the City.
The use of the funds hall be reviewed
4 annually by the Mayor and Common Council.
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15.57.080 Severability.
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If any section, subsection, sentence, clause, phrase, or
7 portion of this Chapter is for any reason held invalid or
8 unconstitutional by any court of competent jurisdiction, such
10 provision, and such holding shall not affect the validity of the
9 portion shall be deemed a separate, distinct, and independent
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11 remaining portions of this chapter."
SECTION II. Ordinance No. MC-542 is hereby repealed.
13 I HEREBY CERTIFY that the foregoing ordinance was duly
14 adopted by the Mayor and Common Council of the City of San
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Bernardino, at a
regular
meeting held on the 17th day
of
January
, 19~, by the following vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores,
Maudsley, Minor
NAYS:
None
ABSENT:
Council Members Pope-Ludlam, Miller
~,,;(?/~M/
City Clerk
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December 22, 1988
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MC-650 .
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.57 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CULTURAL
2 DEVELOPMENT CONSTRUCTION FEES AND REPEALING ORDINANCE NO.
MC-542
3
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ordinance is hereby approved this _7'
'l9X)o ~'
~A~ ./ /~y'
Ev1 i1cox Mayo /
City of San Bernardino
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The foregoing
day of X-<x~
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Approved as to form
8 and legal content:
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December 22, 1988
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