HomeMy WebLinkAbout32-Building & Planning
I
-
-
-
-
CITY OF SAN BERN.DINO - REQUEST F. COUNCIL ACTION
Larry E. Reed, Director
From: of Planning and Building Services Subject:
D~ Planning and Building Services
Ordinance Amendment, Chapter 15.57
of the S.B.M.C. - Cultural Develop-
ment Fees
Dam: January 31, 1991
Mayor and Council Meeting of
February 18, 1991
Synopsis of Previous Council action:
Mayor and Council adopted an ordinance amendment (No. MC-650) at its
meeting of January 17, 1989 which created and established Chapter
15.57, Cultural Development Construction Fees.
Recommended motion:
e
T~at.the hearing ~e closed and that the Mayor and Council adopt the
f~nd~ng of exempt~on from the provisions of CEQA and .
that ~urther re~ding of the ordinance be waived and it be laid over
for f~nal adopt~on.
4
r~/
Signature
Contact person:
Larry E. Reed
Phone:
384-5057
Supporting dam attached:
Staff Report and Ord. Amend.Waro:
City-wide
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Coe Notes:
75-0262
Agenda Item No
_ ~c:o
CITY OF SAN BERN.DINO - REQUEST F. COUNCIL ACTION
.
STAFF REPORT
SUBJECT: Ordinance Amendment - Cultural Development Fees
Mayor and Council Meeting of February 18, 1991
REOUEST
To approve an amendment to Chapter
Code rev~s~ng the definitions for
reconstruction and restructuring
development fees.
15.57 of the Municipal
new construction and
existing cultural
BACKGROUND
Chapter 15.57 of the San Bernardino Municipal Code, Cultural
Development Construction Fees, was adopted in January, 1989
to provide funds for enhancement of culture and art as deemed
to be of public benefit to the citizens of San Bernardino.
e
In reviewing what funds were available for cultural activ-
ities, the Ways and Means Committee, at their meeting in
November, 1990, reviewed this ordinance. In discussing the
ordinance it was agreed that the definition of "reconstruc-
tion" and when fees should be collected was confusing and
made it difficult to determine when to collect fees. This
lack of clarity in the ordinance may have resulted in fees
not being collected.
It was the consensus of the Ways and Means Committee that the
Planning and Building Services Department be directed to
amend the ordinance to clarify definitions and simplify
circumstances under which the fee should be imposed.
ANALYSIS
The attached ordinance clarifies the definitions of "new
construction" and "reconstruction" and modifies Section
15.57.030 to require that the fee be collected for all new
commercial/industrial construction and reconstruction.
Defining types of construction and imposing the fee in all
cases will greatly simplify implementation of the ordinance.
A finding can be made that this ordinance amendment is
statutorily exempt from the provisions OI CEQA under Section
15273(a)(5) of the Government Code, since restructuring of
fees by a public agency for the purpose of obtaining funds
necessary to maintain intra-city transfers as authorized by
city Charter is exempt. The City Charter authorizes intra-
city transfer of funds in Article VIII, Section 135.
.
75-0264
e
e
e
-
- --
-
-
-
Ordinance
Mayor and
Page 2
Amendmen4ll Cultural Development
Council Meeting of 2/18/91
Fe.
RECOMMENDATION
That the hearing be closed and the Mayor and Council adopt
the finding of exemption from the provisions of CEQA and
adopt the amendment to the ordinance revising the definition
for 'new construction' and 'reconstruction' and restructuring
existing cultural development fees.
Prepared by:
Mary K. Freiberg, Admin. Operations Supervisor
for Larry E. Reed, Director of Planning and
Building Services
Attachments:
Exhibit A - Proposed Ordinance Amendment
MISC: CULT. DEV. FEE
e 1
2
3
4
5
6
7
8
9
10
11
12
13
e
-
.
.
ORDINANCE
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.57 OF THE SAN BERNARDINO MUNICIPAL CODE REVISING
DEFINITION FOR NEW CONSTRUCTION AND RECONSTRUCTION AND
RESTRUCTURING EXISTING CULTURAL DEVELOPMENT FEES.
THE MAYOR AND COMMON COUNCIL OF THE
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
CITY
OF
SECTION 1.
Chapter 15.57 is amended as follows:
15.57.020 Definitions.
C. 'New construction' shall mean all new commercial
construction.
D. 'Reconstruction' shall mean additions, alterations,
repairs,
or remodels made to
an existing
commercial
structure.
Reconstruction is required to conform to the
requirements for new buildings pursuant to the Uniform
Building Code and Title 15 of this Code.
Reconstruction
14 necessitated by earthquake or fire damage shall not be
15 subject to this chapter.
16 15.57.030 Cultural Development Construction Fee
t 7 Imposed.
18 A. A cultural development construction fee is imposed
19 on the privilege of new commercial construction or
20 reconstruction as defined in Section 15.57.020 Subsections C
21 and D.. Such fee shall be equal to one-half (1/2) of one (1)
22 percent of the construction cost.
23////
24////
25////
26////
e 27 / / / /
28////
1
e 2
3
4
5
6
7
8
9
10
11
12
13
e
e 27
28
-~-----.
-
ORDINANCE. . ~AMENDING CHAPTER 15.57 OF~HE SAN BERNARDINO
MUNICIPAL CODE REVISING DEFINITION FOR NEW CONSTRUCTION AND
RECONSTRUCTION AND RESTRUCTURING EXISTING CULTURAL
DEVELOPMENT FEES.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor
and Common Council of the City of
San Bernardino, at a
meeting held on the
day of
, 1991, by the following vote,
to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
14 POPE-LUDLAM
15 MILLER
16
17
18
19
20
city Clerk
The foregoing ordinance is hereby approved this
day of , 1991.
W. R. Holcomb, Mayor
City of San Bernardino
21 Approved as to form
and legal content:
22
23
24
25
26
JAMES F. PENMAN
city ttorney
By:
e
e
e
--
..... --
.
OFFICIAL
NOTICE OF
PUBLI<<:
HEARING
Notice is hereby
giWi.i""lthat the City of
San Bernardino Mayor
and Common Council will
hold a Public Hearing on
Monday, February 18,
1991 at 10:00 a.m. in the
Council Chambers of City
Hall located at 300 North
"0" Street, San Bernar-
dino, California, 92418 for
consideration of an
amendment to Chapter
15.57 of the San Bernar-
dino Municipal Code
. wHich redefines new con.
struction and reconstruc.
tion and restructures the
existing cultural devel.
opment amstruction fees.
.' --~':~~. ".- .
- ----- ~
-
.
The public is welcome to I
speak at the public hear-
ing or to submit written
comments prior to the
hearing. Should you de-
sire further infomation or
wish to review the fee
proposal and supporting
data, please contact the
Planning and Building
Services Department at
City Hall or- phone (714)
384.5071.
218 (364) 6186