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HomeMy WebLinkAboutMC-542 ORDINANCE NO. MC-542 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.57 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CULTURAL DEVELOPMENT CONSTRUCTION FEES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO 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 art culture and other cultural enhancements as the Mayor and Common Council may direct. Enhancement of the cultural development is deemed to be a public benefit to all cItizens of the community. 15.57.020. DefinItions. For the purposes of this chapter, uniess 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 structure constructed or reconstructed for the elderly and handicapped pursuant to Title 15 of this Code, or pursuant to Title 25 or 26 of the California Administrative Code. B. 'Construction cost' shall mean the total value of all construction or reconstruction work on a commercial structure as determined by the Superintendent of Building and Safety pursuant to Section 15.04.080 of this Code in issuing a building permit for such construction or reconstruction. C. 'Reconstruction' shall mean alterations or repairs made to a commercial structure within any twelve month period which alterations or repairs exceed fifty percent of the replacement cost of an existing commercial structure, such that such commercial structure is required to conform to the requirements for new buildings pursuant to the Uniform Building Code and Title 15 of this Code; provided, however, reconstruction necessitated by earthquake or fire damage shall not be subject to this chapter. 15.57.030 Constitutional exemptions. Nothing in this chapter shall be construed as imposing a tax on any person when imposition of such tax upon that person would be in violation of the Constitution of the United States or that of the state. 15.57.040 Cultural Development construction fee imposed. A. A cultural development construction fee is imposed on the privilege of constructing in the City any new commercial structure and any reconstruction of a commercial structure as defined in Section 15.57.020 Subsection C. Such fee shall be equal to one-half (1/2) of one (1) percent of the construction cost. B. Notwithstanding the foregoing provisions, the fee shall not be imposed and charged for any permit for which an 2 application together with two sets of complete plans and specifications as required by Sections 301 and 302 of the Uniform Building Code are filed and approved with the City prior to September 8, 1986, provided that the applicant has paid all plan check fees prior to that date. 15.57.050 Time of payment. The cultural development construction fee required in Section 15.57.040 to be paid shall be due and payable upon issuance by the City of a building permit for the construction or reconstruction of any commercial structure; provided, however, that there shall be a refund of such fee to the person who paid such fee in the event that the building permit expires, within the meaning of Section 302 (d) of the latest edition of the Uniform Building Code adopted in the City, within thirty days after the date of such expiration, upon written application for such refund by the person who paid such fee setting forth in full the facts showing that such permit has expired. The full amount due under this chapter shall constitute a debt to the City. An action for the collection thereof may be commenced in the name of the City in any court having jurisdiction of the cause. 15.57.070 Fee - Place of payment. The fee shall be paid to the building official of the City or his authorized agent at the office of the building department of the City. 15.57.080 Disposition of cultural development construction fees. The funds derived from this fee shall be deposited in the General Fund with identification as to the source, so that the . Me Y42 ... -, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . ". . . -". ~. Mayor and Common Council may consider appropriate expenditures in its annual budget for allocation to cultural development activities in the City or such other uses as the Mayor and Common Council may direct. The use of the funds shall be reviewed annually by the Mayor and Common Council. 15.57.090 Separability. If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this chapter." I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adiourned regllL'Irmeeting thereof, held on the 9th September , 1986, by the following vote, t day of wit: AYES: Council Members and Frazier Hernand z NAYS: Quiel and Strickler ABSENT: Estrada City Clerk The foregoing ordinance is hereby approved this 11th day of September , 1986. "<- '<-- Bernardino :)) Aj 4 . M~jj"42 ... . . . . J '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Approved as to form: ,- /l /t,J . ,\ /./ j~' ,'",. ". ,,,,.<.. ,'.<',.',.r {I~-cc'F >,.p.. ,/t.. 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