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CITY OF SAN BERNCJlDINO - REQUEST lOR COUNCIL ACTION
From: Fred Wilson/John Wilson Su~~: Ordinance relating to collection
of cultural development
Dept: City Administrator/City Attorney construction fee.
Date:
12/22/88
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Synopsis of Previous Council action:
9/9/86 - Ordinance relative to collection of cultural development
construction fee adopted by Mayor and Common Council.
Recommended motion:
Waive further reading of ordinance and lay over for
final adoption.
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Signature
Contact person:
Fred A. Wilson/John Wilson
Phone: 5122/5355
Supporting data attached: Yes
Ward: N/A
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No,)
(Acct. DescriPtion)
Finance:
Council Notes:
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. CITY OF SAN BERN~DINO - REQUEST Fbi. COUNCIL ACTION
STAFF REPORT
The cultural development construction fee ordinance was
originally adopted by the Mayor and Common Council in
September 1986. This ordinance established a funding source
for the promotion of fine art culture and other cultural
enhancements as approved by the Mayor and Common Council. The
fee is imposed on new commercial structures and
reconstruction of commercial structures as defined in
Section 15.57.020 of the Municipal Code. The fee is equal to
one half of 1% of the construction cost. Approximately
$317,000 in revenues were generated by this fee in fiscal
year 87-88.
Discussions have taken place in the past month between the
City Attorney's Office,. the city Administrator's Office, and
with Thelma Press relative to the impact of AB 1600 on this
fee. As you may recall, this Bill requires cities to make
certain findings with respect to the collection of fees for
development projects. Although the cultural development fee
is considered to be a development fee, AB 1600 only requires
that findings be made for development fees charged QY a c~ty
for the ouroose of defravina all or a oortion of the cost of
oublic facilities related to the develooment oroiect. This
term "public facility" as defined in this Bill relates
primarily to infrastrucutre improvements with no specific
mention of cultural development. Because cultural
development was not specifically defined as a public facility
under this Bill, the collection of this fee for the purpose
of funding cultural development exempted it from the
provisions of AB 1600. It should be noted that the ordinance,
in its present version, also allows for the expenditure of
cultural development fees for public art. If any public art
is to be funded by this revenue source, the findings required
by AB 1600 will have to occur.
Because of the distinction between cultural development and
public art, the attached ordinance was prepared. . This
ordinance amends the original cultural development fee
ordinance by allowing for the expenditure of cultural
development fees for cultural development activities other
than public facilities including public art as defined in AB
1600.
FRED WILSON
Assistant to the City Administrator
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ORDINANCE
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.57 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CULTURAL
3 DEVELOPMENT CONSTRUCTION FEES AND REPEALING ORDINANCE NO.
MC-542.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
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DO ORDAIN AS FOLLOWS:
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SECTION 1.
Chapter 15.57 is added to the San Bernardino
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Municipal Code to read:
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"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
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Government Code Section 66000(d), within the City of San
Bernardino.
Enhancement of culture and art is deemed to be a
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public benefit to all citizens of the community.
15.57.020 Definitions.
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For the purposes of this chapter, unless otherwise apparent
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from the context, certain words and phrases used in this chapter
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are defined as follows:
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A. 'Commercia1 structure' shall mean any building or
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structure all or part of which contains a commercial or
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industrial use permitted by this Code; provided, however,
'commercial structure' shall not include any bui1diRg or
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December 22, 1988
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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 issu~ng 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
17 this chapter.
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15.57.030 Cultural Development Construction Fee Imposed.
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A.
A cultural development construction fee is imposed on
20 the privilege of constructing in the City any new commercial
21 structure and any reconstruction of a commercial structure as
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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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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.
6 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, wi thin 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
23 of the City.
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15.57.070 Disposition of cultural development construction
25 fees.
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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December 22, 1988
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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.
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
9 portion shall be deemed a separate, distinct, and independent
10 provision, and such holding shall not affect the validity of the
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11 remaining portions of this chapter."
SECTION II. Ordinance No. MC-542 is hereby repealed.
13 I HEREay 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
meeting held on the
day
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of
, 19__, by the following vote, to wit:
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AYES:
Council Members
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NAYS:
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ABSENT:
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City Clerk
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December 22, 1988
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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
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The foregoing ordinance is hereby approved this
day of
, 19
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Evlyn Wilcox, Mayor
City of San Bernardino
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Approved as to form
8 and legal content:
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December 22, 1988
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