HomeMy WebLinkAboutMC-14511
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ORDINANCE NO. MC -1451
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING ORDINANCE NO. MC -650 AND
AMENDING CHAPTER 15.57 OF THE MUNICIPAL CODE RELATED TO
CULTURAL DEVELOPMENT CONSTRUCTION FEES
WHEREAS, the Cultural Development Construction Fee (the "CDCF") is a one-half
(1/2) of one (1) percent charge enacted by the Mayor and City Council on September 11, 1986
by Ordinance No. MC -542; and
WHEREAS, as enacted, the CDCF was a valid general excise tax on the privilege of
development; and
WHEREAS, consistent with the requirements of art. XIII A, sec. 4 of the California
Constitution, commonly known as Proposition 13, the revenue from the CDCF must be placed
in the general fund without restriction on its expenditure; and
WHEREAS, the Mayor and City Council amended the CDCF on January 19, 1989 by
Ordinance No. MC -650 to place the revenue in a separate fund rather than the general fund and
to remove language explicitly stating that the revenue could be expended for any use the Mayor
and City Council direct; and
WHEREAS, to ensure clarity and consistency with the requirements of the California
Constitution, the Mayor and City Council desire to repeal MC -650 and revert the language of
the code to its previous wording, modified as noted below.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. The amendments to Chapter 15.57 enacted by Ordinance No. MC -650
are hereby repealed and declared by the Mayor and City Council null and void ab initio as
inconsistent with the requirements of art. XIII A, sec. 4 of the California Constitution.
SECTION 2. The original language of the previous version of Chapter 15.57 as
contained within Ordinance No. MC -542 and other subsequent amendments, with the exception
of Ordinance No. MC -650, shall control, with the following additional revisions, to read as
follows:
"Chapter 15.57
Cultural Development Construction Tax
15.57.010 Purpose.
The purpose of this Chapter is to provide for the payment of a tax applicable to new
construction or reconstruction of commercial structures to provide funds for the promotion of
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fine art culture and other cultural enhancements as the Mayor and City 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, unless 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 Code of Regulations.
B. "Construction Cost" shall mean the total value of all construction or
reconstruction work on a commercial structure as determined by the Director of Community
Development pursuant to Section 15.04.080 of this Code in issuing a building permit for such
construction or reconstruction.
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
necessitated by natural disaster or accidental damage shall not be subject to this Chapter
provided, however, that damage in the normal course of business shall be included.
15.57.030 Cultural Development Construction Tax imposed.
A. A cultural development construction tax is imposed on the privilege of New
Construction or Reconstruction as defined in Section 15.57.020 Subsections C and D. Such tax
shall be equal to one-half (1/2) of one (1) percent of the Construction Cost.
B. Notwithstanding the foregoing provisions, the tax shall not be imposed and
charged for any permit for which an 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.
C. No cultural development construction tax shall be charged for the first
Reconstruction of any Commercial Structure up to its previously existing square footage, if the
previously existing Commercial Structure was voluntarily demolished by the property owner
after Code Enforcement has issued a Notice of Violation/Abatement.
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15.57.040 Time of payment.
The cultural development construction tax required in Section 15.57.030 to be paid shall be due
and payable upon issuance by the City of a building permit for the New Construction or
Reconstruction of any Commercial Structure; provided, however, that there shall be a refund of
such tax 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
tax 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.
15.57.050 Tax — Place of payment.
The tax shall be paid to the Building Official of the City or his/her authorized agent in the
Community Development Department of the City.
15.57.060 Disposition of cultural development construction taxes.
The funds derived from this tax shall be placed in the General Fund with identification as to the
source, so that the Mayor and City 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 City Council may direct. The use of the funds shall be reviewed annually by the
Mayor and City Council.
15.57.070 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Chapter is 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 the Chapter."
SECTION 3. The effective date of this Ordinance is thirty (30) days after its adoption
by the Mayor and City Council.
SECTION 4. Within fifteen (15) days after the adoption of this Ordinance, the City
Clerk shall cause to be published in a newspaper of general circulation a summary of the else
ordinance with the names of the members of the Mayor and City Council voting for and against
the Ordinance and the City Clerk shall post in the Office of the City Clerk a certified copy of
the full text of the adopted Ordinance along with the names of the members of the Mayor and
City Council voting for and against the Ordinance.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING ORDINANCE NO. MC -650 AND
AMENDING CHAPTER 15.57 OF THE MUNICIPAL CODE RELATED TO
CULTURAL DEVELOPMENT CONSTRUCTION FEES
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 20"'
day of December 2017, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ X
BARRIOS X
VALDIVIA
X
SHORETT
X(S)
NICKEL
X(M)
RICHARD
X
MULVIHILL X
Georgeann na, CTM—dVity Clerk
The foregoing Ordinance is hereby approved this 2& day of December
R. CareyD is, Mayor
City of S Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
B
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