HomeMy WebLinkAboutMC-480
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ORDINANCE NO. Mr-4RO
ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING
INCENTIVES TO BE GRANTED CERTAIN BUSINESSES AND CERTAIN
RESIDENTIAL CONSTRUCTION WITHIN THE ENTERPRISE ZONE.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5 SECTION 1. Chapter 3.18 is hereby added to the San
6 Bernardino Municipal Code to read:
7 "CHAPTER 3.18
8 ENTERPRISE ZONE INCENTIVES
9 3.18.010 Incentives.
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Each new business and each expanding business within the
Enterprise Zone established by resolution of the City of San
Bernardino pursuant to Assembly Bill 40, Chapter 45 of the
Statutes of 1984, shall qualify for the tax rebates and fee
exemptions provided for herein, to the extent and for the period
specified herein.
3.18.020 Purpose.
The incentives set forth in this chapter are granted
pursuant to Chapter 45 of the Statutes of 1984, and are
established for the purposes authorized by Chapter 45 of the
Statutes of 1984, and are established for the purposes authorized
by Chapter 12.8 of the Government Code of the State of
22 California, being Government Code Sections 7070 through 7077,
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inclusive.
3.18.030 Definitions.
A. 'Commercial area' as used in this chapter is the
26 commercial area established within the Enterprise Zone as
27 described in a resolution of the City of San Bernardino.
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B. 'Industrial area' as used in this chapter is the
industrial area established within the Enterprise Zone as
described in a resolution of the City of San Bernardino.
C. 'New business' as used in this chapter is any business
which is start-up in nature or an existing business which has
been relocated to San Bernardino from another area. A business
which has been sold, resulting in a change of ownership, will not
be considered a new business.
D. 'Expanding business' as used in this chapter is any
business which meets the criterion of paragraph 3 below, as well
as the criteria in either paragraph 1 or 2.
1. A physical move of an existing business into a new
location within the designated commercial area that results in at
least fifty percent increase of permanent, full-time employees or
an increase of two permanent, full-time employees, whichever is
larger, within three years from the date of the move.
2. A physical expansion of existing facilities which
results in at least a fifty percent increase of permanent, full-
time employees or an increase of two permanent, full-time
employees, whichever is larger, within three years from date of
completion of expansion.
3. Employees filling the positions added in paragraphs
1 or 2 above must be residents of the City of San Bernardino and
have been on the job for at least nine months.
E. 'Housing rehabilitation' as used in this chapter refers
to construction involving home improvement through remodeling
involving actual structural repairs and rehabilitation or through
physical addition of rooms onto structures presently in existence
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within the Enterprise Zone of the City, when such structures are
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used for single-family or multi-family residential purposes~ such
construction shall fall within the scope of this definition only
if the portion of the structure actually being rehabilitated or
expanded is brought substantially into compliance with all
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applicable codes and ordinances.
F. 'In-fill housing' as used in this chapter is single-
family home construction built on vacant lots in neighborhoods
existing at the time of adoption of this chapter, or built on
lots where existing structures are demolished or removed for the
construction of single-family homes.
3.18.040 Rebates - Commercial area.
For any qualifying new or expanding business which locates
or expands in the Enterprise Zone within the first four years of
the life of the Enterprise Zone, City shall rebate for three
years to qualifying new or expanding businesses located within
the commercial area of the Enterprise Zone, upon application, the
following:
A. One hundred percent rebate of utility service users
taxes collected by City from the business enterprise during that
period for service used during that period under the provisions
of Chapter 3.44 of the San Bernardino Municipal Code as applied
to users of telephone, electricity, natural gas and cable
television service.
B. One hundred percent rebate of the business license tax
imposed during that period upon the business enterprise under
Chapter 5.04 of the San Bernardino Municipal Code.
The City
Clerk may administratively grant the rebate at the time of
initial and annual application.
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C. For new businesses only, twenty-five percent of the
total water bill collected by the San Bernardino Board of Water
Commissioners from the new business during that period. Only the
water portion of such bill shall be considered for such rebate.
D. Notwithstanding the provisions of Subsections A and B
above, the rebate to be granted to any expanding business shall
be based on the stated percentage of the increase of such tax
over and above a base amount, which base amount shall be the
total amount of each such tax paid by that business during the
twelve-month period immediately preceding such expansion.
3.18.050 Fee exemptions - Commercial area.
During the first three years of the life of the Enterprise
Zone, new businesses and expanding business in the designated
Commercial Area shall be exempt from all engineering fees,
planning fees, building permit fees and mechanical fees imposed
by the City. Storm drain and sewer capacity fee charges are
expressly not exempted.
3.18.060 Rebates - industrial area.
During the first year of operation of any new industrial
business located within the industrial area of the Enterprise
Zone, City shall rebate to qualifying new businesses, upon
application, the following:
A. Twenty-five percent of the utility service users' taxes
paid by such business under Chapter 3.44 of the San Bernardino
Municipal Code, relating to telephone, electricity, natural gas
and cable television use during that period.
B. Twenty-five percent of the business license tax paid by
such business for the period under the provisions of Chapter 5.04
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of the San Bernardino Municipal Code.
The City Clerk may
administratively grant the rebate at the time of initial and
annual application.
3.18.070 Fee exemptions - in-fill and rehabilitation.
In-fill housing and housing rehabilitation projects within
the Enterprise Zone shall be exempt from all engineering fees,
planning fees, building permit fees and mechanical fees imposed
by the City.
Storm drain and sewer capacity fee charges are
expressly not exempt, provided, however, that the City's existing
policy regarding exemptions where homes and structures have
previously been connected to the sewer and have been demolished
shall continue in effect."
SECTION 2. It is the intent of the Mayor and Common Council
to analyze the impact of the tax rebates on development in the
designated commercial area of the Enterprise Zone.
The review
and analysis period shall occur no later than the end of the
first four years of the life of the Enterprise Zone, at which
time the Mayor and Common Council will take steps to enhance the
needed overall development strategy in the designated commercial
area.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
regular
Bernardino at a n adj onrnerll meeting thereof, held on the
November
1st
, 1985, by the following vote, to
day of
wit:
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AYES:
Council Members Estrada, Reilly, Hernandez.
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Frazier, Strickler
None
NAYS:
ABSENT:
Council Members Marks. Quiel
~d4/,7k~?
/ City Clerk
The foregoing ordinance is hereby approved this 5th
day
9 of
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November
, 1985., /~~~.':, _d
~Of the City of San Bernardino
Mayor Pro Tempore
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Approved as to form:
~;tf1O~/
City Attorney
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