HomeMy WebLinkAbout50-Public Works
III
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
\
~
o
o
o
ORDINANCE NO.
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
15 development is deemed to be a public benefit to all citizens of
16 the community.
17 15.57.020. Definitions.
18 For the purposes of this chapter, unless otherwise apparent
19 from the context, certain words and phrases used in this chapter
20 are defined as follows:
21 A. 'Commercial structure' shall mean any building or
~ structure all or part of which contains a commercial or
23 industrial use permitted by this Code; provided, however,
24 'commercial structure' shall not include any building or
25 structure constructed or reconstructed for the elderly and
26 handicapped pursuant to Title 15 of this code, or pursuant to
27 Title 25 or 26 of the California Administrative Code.
28
1
3lJ,
o
o
o
o
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
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
o
o
o
o
1 application together with two sets of complete plans and
2 specifications as required by Sections 301 and 302 of the Uniform
3 Building Code are filed and approved with the City prior to
4 September 8, 1986, provided that the applicant has paid all plan
5 check fees prior to that date.
6 15.57.050 Time of payment.
7 The cultural d~velopment construction fee required in
8 Section 15.57.040 to be paid shall be due and payable upon
9 issuance by the City of a building permit for the construction or
10 reconstruction of any commercial structure, provided, however,
11 that there shall be a refund of such fee to the person who paid
12 such fee in the event that the building permit expires, within
13 the meaning of Section 302 (dl of the latest edition of the
14 Uniform Building Code adopted in tbe City, within thirty days
15 after the date of such expiration, upon written application for
16 such refund by the person who paid such fee setting forth in full
17 the facts showing that such permit has expired. The full amount
18 due under this chapter shall constitute a debt to the City. An
19 action for the collection thereof may be commenced in the name of
20 the City in any court having jurisdiction of the cause.
21 15.57.070 Fee - Place of payment.
~ The fee shall be paid to the building official of the City
23 or his authorized agent at the office of the building department
24 of the City.
25 15.57.080 Disposition of cultural development construction
26 fees.
27 The funds derived from this fee shall be deposited in the
28 General Fund with identification as to the source, so that the
3
o
u
1JL
o
o
o
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 a meeting thereof, held on the
day of ' 1986, by the following vote, tc
1
2
3
4
5
6
7
8
9
10
n
12
13
14
15
16
17
18
19
20
21
~
23
24
25
26
27
28
wit:
of
AYES:
Council Members
NAYS:
ABSBNT:
City Clerk
The foregoing ordinance is hereby approved this
, 1986.
day
Mayor of the City of San Bernardino
4
Q
1 Approved as to form:
2
o
o
o
t12-.- . / ~/1~/4 '1~cV
~l",;,i..-' _/,J /i /u
'"/
4 City Attorney
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
23
24
25
26
27
28
3
5