Streets and Highways Code — Part 15 | SHC — United States — California law | Esheria

Streets and Highways Code

Part 15 of 23 · provisions 2,801–3,000

This section says the act is named the Streets and Highways Code.

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Before the commission approves certain highway projects, the submitting department or regional transportation planning agency must show that reversible lanes were considered. The department may do whatever is necessary to lay out, acquire, and construct parts of a state highway as a freeway, or convert an existing state highway into a freeway. The department generally may not acquire real property for a freeway through a city or county unincorporated area until the required agreement is executed, but there are gift and hardship/protective exceptions. It must give notice of any pre-agreement acquisition. Local officials may authorize certain right-of-way purchases before agreement approval. The city council or board of supervisors must hold a public hearing before entering into the agreement described in Section 100.2. The department may add freeway-related street or highway improvements to Section 100.2 agreements and may do that work as part of freeway construction.

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Provisions of Streets and Highways Code

Showing 200 of 4,572

  1. 35562.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    Parking places acquired and built under this part are public parking places, but the commission may limit their use and set lower rates for certain owners, tenants, and designated classes if the bond documents provide for an ad valorem assessment on taxable real property in the district.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 35562. All parking places acquired and constructed pursuant to this part are public parking places, but, if the ordinance, resolution, or indenture providing for the issuance of the bonds provides for the levy of an ad valorem assessment upon the taxable real property in the district, the commission may restrict or partially restrict their use to owners and tenants of real property in the district, and classes of persons designated by such owners or their tenants and may establish rates, charges, or rentals for the owners and tenants of such properties and classes of persons designated by the owners or tenants which differ from and are less than the rates, charges, or rentals charged other persons. (Amended by Stats. 1953, Ch. 256.)
  2. 35564.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    Employees needed to run these parking places must be city employees, and their number and pay are set by the legislative body unless that power is given to the board by ordinance.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 35564. All employees required for the proper operation, management, and control of the parking places acquired and constructed under this part shall be city employees selected as other city employees are selected. The number of such employees and their salaries shall be determined by the legislative body unless, by ordinance, which may be adopted or repealed at any time, the power to make such determination is granted to the board. Any salary or wage so fixed shall in each instance be at least equal to the prevailing salary or wage for the same quality of services rendered to private persons, firms or corporations in the city under similar employment, in case such prevailing salary or wage can be ascertained. (Amended by Stats. 1961, Ch. 433.)
  3. 35565.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    The commission must set parking-place rentals, fees, or charges so the revenue is enough to cover bond principal and interest and any additional required sums.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 35565. The commission shall fix such rentals, fees, or charges for the use of parking places under its control as will produce revenue, when added to the expected revenues from on-street parking meters pledged to any of the purposes specified in this part, sufficient to pay the principal and interest on the bonds as they fall due, and also to provide any additional sums which may be required under the provisions of the ordinance, resolution or indenture providing for the issuance of the bonds. (Amended by Stats. 1955, Ch. 1283.)
  4. 35566.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    The commission must set parking-place rentals, fees, or other charges so the district produces enough revenue to pay bond principal and interest when due.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 35566. If the petition for the formation of a district and the resolution of intention to form the district state that this section and Section 35414.1 shall apply to proceedings taken pursuant thereto, Section 35565 shall not apply and the provisions of this section shall apply. The commission shall fix such rentals, fees or other charges for the use of parking places under its control as will produce revenue, when added to the expected revenues from on-street parking meters, assessments or other sources pledged to any of the purposes specified in this part, sufficient to pay the principal and interest on the bonds as they fall due, and also to provide any additional sums which may be required under the provisions of the ordinance, resolution or indenture providing for the issuance of the bonds. (Added by Stats. 1955, Ch. 1283.)
  5. 35567.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    The commission must follow all covenants made by the legislative body when the bonds are issued.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 35567. The commission shall abide by all covenants made by the legislative body in the issuance of the bonds. (Added by Stats. 1953, Ch. 192.)
  6. 35568.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    The commission may lease parking places or contract with a person to operate public parking facilities there.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 35568. In the exercise of its power to operate, manage, and control parking places, the commission may lease any or all parking places to any person for the sole purpose of the operation of public parking facilities on them by such person, or may make a contract with any person for such purpose. The consideration to be paid by the operator for any lease or under any contract may be a fixed sum or a percentage of gross rentals, fees, or charges collected by the operator, or any other consideration. (Added by Stats. 1953, Ch. 192.)
  7. 35569.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    The commission must set the maximum rentals, fees, and charges the operator may collect, after public hearing and notice, and those amounts must be written into the lease or contract.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 35569. The maximum rentals, fees, and charges to be collected by the operator shall be fixed by the commission after public hearing following such notice as the commission prescribes, and shall be recited in the lease or contract. No higher rentals, fees, or charges shall be collected by the operator without amendment of the lease or contract agreed to by the commission after like public hearing. (Added by Stats. 1953, Ch. 192.)
  8. 35570.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    The commission or any operator may not do business other than operating public parking facilities on a district parking place.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 35570. The commission or any operator shall not conduct any business other than that of the operation of public parking facilities on any parking place of the district. (Added by Stats. 1953, Ch. 192.)
  9. 35571.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    If the district financing documents provide for an ad valorem assessment on taxable real property, a lease or contract may restrict parking-place use to district owners and tenants and set lower maximum charges for them.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 35571. If the ordinance, resolution, or indenture providing for the issuance of the bonds provides for the levy of an ad valorem assessment upon the taxable real property in the district, any lease or contract may provide that the use of the parking places shall be restricted, or partially restricted, to owners and tenants of real property in the district, and classes of persons designated by them, and may provide for maximum rates, charges, or rentals for such persons which differ from and are less than the maximum rates, charges, or rentals charged other persons. (Amended by Stats. 1953, Ch. 256.)
  10. 35572.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    The legislative body, and later the commission, may make contracts or leases to reserve parking spaces in district parking places for property owners or tenants and related users.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 35572. To provide revenues for the district, at any time prior to the formation of the district, or after the formation of the district and prior to the appointment of a commission, the legislative body conducting the proceeding for the formation of the district may enter into a contract or lease with any owner or tenant of property in the district under which the owner or tenant, for a specified rental or other consideration and for a specified period not exceeding 10 years, reserves a reasonable proportion or number of parking spaces in a parking place of the district for the use of the owner or tenant of such property, the employees of the owner or tenant performing services on the property, and the customers of, or other classes of persons designated by, the owner or tenant and entering the property as invitees or otherwise. After the appointment of a commission, the commission may make such contracts or leases. (Added by Stats. 1953, Ch. 192.)
  11. 35573.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    The legislative body may decide not to appoint a parking place commission, dissolve an existing commission, and later appoint or reappoint one, if the petition expressly allows it and the required hearing and notice are provided.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Parking Place Commission [35550 - 35573] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 35573. If the petition for the formation of a district under this part expressly so authorizes, at any time and following a hearing after such notice as the legislative body prescribes, it may determine that no parking place commission shall be appointed for such district, or if the commission has been appointed, may dissolve the commission. In either event, the legislative body shall thereafter have all powers, jurisdiction, and authority granted to, and all duties imposed upon, the commission pursuant to this part. The legislative body at any time thereafter may appoint or reappoint a commission. (Added by Stats. 1953, Ch. 192.)
  12. 356.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 56 runs from Route 5 north of La Jolla to Route 67.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 356. Route 56 is from Route 5 north of La Jolla to Route 67. (Repealed and added by Stats. 1963, Ch. 385.)
  13. 357.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    This section describes Route 57 and the places it runs between.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 357. Route 57 is from: (a) Route 1 near Huntington Beach to Route 22 near Santa Ana. (b) Route 5 near Santa Ana to Route 210 near San Dimas. (Amended by Stats. 1998, Ch. 221, Sec. 5. Effective January 1, 1999.)
  14. 35700.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    Parking meters on specified public ways in the district do not have to be maintained in the listed circumstances.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 35700. Notwithstanding any agreement made pursuant to this part, as a covenant to bondholders or otherwise, to maintain parking meters on specified public ways in the district, parking meters need not be maintained: (a) On any public way which has become a “freeway” or a “state highway” as defined in Sections 23.5 and 24. (b) At any time and so long as both (1) the net revenues from the parking places of the district during each of the two next previous fiscal years and available for the payment of principal and interest on the bonds of the district equaled or exceeded one and one-half times the principal and interest which has or will come due during the current fiscal year, and (2) the money in the fund to pay principal and interest on the bonds equals or exceeds all amounts coming due on principal and interest during the next following 12 months. (c) At any time and so long as the money in the fund to pay principal and interest on the bonds of the district equals the total of the outstanding bonds and interest thereon to maturity. (d) At any time after the bonds of the district and the interest thereon have been fully paid. (e) On a public way, or portion thereof, if the holders of not less than sixty percent (60%) of the outstanding bonds have agreed in writing that the maintenance of parking meters on the public way, or portion thereof, may be discontinued. (Added by Stats. 1953, Ch. 192.)
  15. 35701.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    An agreement to keep parking meters on a public way does not limit a city’s power to control, regulate, or prohibit parking where needed to protect public safety.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 35701. Any agreement to maintain parking meters on a public way shall not affect the right of a city, acting by virtue of its police power, to control, regulate, or prohibit the parking of vehicles on any public way, or portion thereof, to the extent necessary to protect the public safety. (Added by Stats. 1953, Ch. 192.)
  16. 35702.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    Property acquired under this part must be condemned or acquired in the city’s name, and title must be in the city, subject to this part.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 35702. All property acquired pursuant to this part shall be condemned or acquired in the name of the city, and title to such property shall be in the city, subject to the provisions of this part. (Added by Stats. 1953, Ch. 192.)
  17. 35703.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    In a charter city, if this part and the city charter conflict on how a district power, jurisdiction, authority, or duty can be carried out, the charter controls.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 35703. In instances where a district is formed under this part in any charter city, if under the provisions of the charter any power, jurisdiction, authority or duty cannot be performed or exercised in the manner, or by the body or officer, prescribed in this part, such power, jurisdiction, authority or duty shall be performed or exercised in the manner, or by the body or officer, prescribed by such charter. (Amended by Stats. 1953, Ch. 256.)
  18. 35704.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    Parking places acquired for the district must be used as public parking places while district bonds or interest remain unpaid, unless the legislative body makes the Section 35706 determination.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 35704. As long as any of the bonds of the district or any interest thereon remains unpaid, the parking places acquired for the district shall be used as public parking places unless the legislative body makes the determination provided in Section 35706. (Amended by Stats. 1955, Ch. 1283.)
  19. 35705.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    After the district’s bonds and interest are paid, the property continues as public parking unless the legislative body later votes to discontinue that use; then the city may use or sell the property.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 35705. After the bonds of the district and all interest thereon have been paid the property shall continue to be used as public parking places. However, such use may be discontinued as to such property or any portion thereof if the legislative body, after public hearing following such notice thereof as the legislative body may prescribe, determines by a four-fifths vote of all its members that the public interest and necessity and the needs of the district no longer require that such property, or such portion thereof, be used as public parking places. Thereafter the property as to which such determination is made may be used by the city for any public purpose or it may be sold as other city property is sold when no longer needed for a public purpose. If any ad valorem assessment has been levied upon the real property in the district as provided in this part, then the proceeds of such sale shall be used to make refund of such assessments to the then owner of each parcel of real property which has been so assessed in the proportion which the total assessments levied upon such parcel bears to the total of all such assessments, but no refund as to any parcel shall exceed the total assessments theretofore paid in respect of said parcel, and any portion of the proceeds remaining after such refunds have been made shall be placed in the general fund of the city. (Added by Stats. 1953, Ch. 256.)
  20. 35706.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    A city may stop using certain property as public parking if its legislative body makes a required finding by a four-fifths vote after notice and a public hearing.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 35706. As an alternative to the provisions of Section 35705, and to the extent authorized in the covenants contained in the ordinance, resolution or indenture providing for the issuance of the bonds, the use of any of the properties as public parking places may be discontinued as to such property or any portion thereof if the legislative body, after public hearing following notice thereof published pursuant to Section 6061 of the Government Code in one or more newspapers circulated in the city at least ten (10) days before said hearing, determines by a four-fifths vote of all its members that the public interest and necessity and the needs of the district no longer require that such property, or such portion thereof, be used as public parking places. Thereafter the property as to which such determination is made may be used by the city for any public purpose or may be sold as other city property is sold when no longer needed for a public purpose. The proceeds of such sale shall be used as provided in said covenants. (Amended by Stats. 1957, Ch. 357.)
  21. 35707.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    Claims for money or damages against the district are governed by specified Government Code provisions, unless those provisions or other applicable statutes and regulations provide otherwise.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 35707. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.)
  22. 35708.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    A parcel may be added to the district only if the owner petitions for inclusion and the required approvals and fee payment are completed.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 4. PARKING DISTRICT LAW OF 1951 [35100 - 35708] ( Part 4 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Miscellaneous [35700 - 35708] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 35708. At any time following the formation of a district under this part and the issuance of the initial issue of bonds, any parcel of land may be added to the district if the owner of such parcel files with the legislative body a petition for such inclusion and the legislative body grants such petition. The legislative body shall not grant such petition until the petition has been approved by the parking place commission of the district and until a determination has been made by the legislative body and approved by the parking place commission as to the amount, if any, to be paid by such petitioner as an annexation fee and until the owner of such parcel has paid to the city such total fee, if any. The amount paid to the city shall be placed in the fund in which the proceeds of an ad valorem assessment would be placed. If such petition is granted, such parcel shall thereafter be entitled to the same rights as those which apply to other lands in the district and shall be subject to all ad valorem assessments thereafter levied in the district under this part. (Added by Stats. 1965, Ch. 1775.)
  23. 358.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    This section describes Route 58 and allows the commission to relinquish certain portions of it to Bakersfield or Kern County if conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 358. (a) Route 58 is from: (1) Route 101 near Santa Margarita to Route 33. (2) Route 33 to Route 43. (3) Route 43 to just west of Van Buren Place near Bakersfield. (4) Mohawk Street near Bakersfield to Route 99. (5) Route 99 to Route 15 near Barstow via Bakersfield and Mojave. (b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Bakersfield or the County of Kern the portion of Route 58 that is located within the jurisdiction of that city or county if the city or county agrees to accept it. The following conditions shall apply upon relinquishment: (1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (2) On and after the effective date of the relinquishment, the relinquished portion of Route 58 shall cease to be a state highway. (3) The portion of Route 58 relinquished under this subdivision shall be ineligible for future adoption under Section 81. (4) For the portion of Route 58 that is relinquished under this subdivision, the City of Bakersfield or the County of Kern shall install and maintain within the jurisdiction of the city or county signs directing motorists to the continuation of Route 58. (c) The relinquished former portions of Route 58 within the unincorporated area of the County of Kern and within the City of Bakersfield are not state highways and are not eligible for adoption under Section 81. For the relinquished former portions of Route 58, the County of Kern and the City of Bakersfield shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 58. (Amended by Stats. 2013, Ch. 523, Sec. 9. (SB 788) Effective January 1, 2014.)
  24. 359.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 59 is defined as running from Route 152 northerly to Route 99 near Merced, and from Route 99 near Merced to Snelling.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 359. Route 59 is from: (a) Route 152 northerly to Route 99 near Merced. (b) Route 99 near Merced to Snelling. (Repealed and added by Stats. 1963, Ch. 385.)
  25. 36.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )

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    This section says that “recycled water” and “reclaimed water” mean the same thing as recycled water under the referenced Water Code provision.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 36. For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code. (Added by Stats. 1995, Ch. 28, Sec. 10.5. Effective January 1, 1996.)
  26. 360.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 60 is described as running in two segments: from Route 10 near the Los Angeles River in Los Angeles to Route 215 in Riverside via Pomona, and from Route 215 near Moreno Valley to Route 10 near Beaumont.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 360. Route 60 is from: (a) Route 10 near the Los Angeles River in Los Angeles to Route 215 in Riverside via Pomona. (b) Route 215 near Moreno Valley to Route 10 near Beaumont. (Amended by Stats. 1994, Ch. 1220, Sec. 37. Effective September 30, 1994.)
  27. 36000.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 1. General [36000 - 36004] ( Chapter 1 added by Stats. 1965, Ch. 241. )

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    Cities are authorized to impose a tax on businesses in parking and business improvement areas.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 1. General [36000 - 36004] ( Chapter 1 added by Stats. 1965, Ch. 241. ) ## 36000. The purpose of this part is to authorize cities to impose a tax on businesses within a parking and business improvement area which is in addition to the general business license tax, if any, in the city, and to use such proceeds for the following purposes: (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area. (b) Decoration of any public place in the area. (c) Promotion of public events which are to take place on or in public places in the area. (d) Furnishing of music in any public place in the area. (e) The general promotion of retail trade activities in the area. (Added by Stats. 1965, Ch. 241.)
  28. 36001.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 1. General [36000 - 36004] ( Chapter 1 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    This section defines “parking and business improvement area” (or “area”) as an area designated under this part.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 1. General [36000 - 36004] ( Chapter 1 added by Stats. 1965, Ch. 241. ) ## 36001. “Parking and business improvement area” or “area” as used in this part means an area designated as provided in this part. (Added by Stats. 1965, Ch. 241.)
  29. 36002.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 1. General [36000 - 36004] ( Chapter 1 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    “Business” in this part means all types of business, including professions.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 1. General [36000 - 36004] ( Chapter 1 added by Stats. 1965, Ch. 241. ) ## 36002. “Business” as used in this part means all types of business, including professions. (Added by Stats. 1965, Ch. 241.)
  30. 36003.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 1. General [36000 - 36004] ( Chapter 1 added by Stats. 1965, Ch. 241. )

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    The city council has sole discretion over how the tax revenue is used for the stated purposes, and it may appoint existing advisory boards or commissions, or create a new one, to make recommendations.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 1. General [36000 - 36004] ( Chapter 1 added by Stats. 1965, Ch. 241. ) ## 36003. The city council shall have sole discretion as to how the revenue derived from the tax is to be used within the scope of the above purposes; however, the city council may appoint existing advisory boards or commissions to make recommendations as to its use, or the council may create a new advisory board or commission for the purpose. (Added by Stats. 1965, Ch. 241.)
  31. 36004.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 1. General [36000 - 36004] ( Chapter 1 added by Stats. 1965, Ch. 241. )

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    This part should be read liberally, and if any provision is held invalid, the rest stays effective.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 1. General [36000 - 36004] ( Chapter 1 added by Stats. 1965, Ch. 241. ) ## 36004. This part is intended to be construed liberally and in the event any provision thereof should be held invalid, the remaining provisions shall remain in full force and effect. (Added by Stats. 1965, Ch. 241.)
  32. 36020.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. )

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    A parking and business improvement area may be established under this chapter.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. ) ## 36020. A parking and business improvement area may be established as provided in this chapter. (Added by Stats. 1965, Ch. 241.)
  33. 36021.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. )

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    The city council must adopt a resolution of intention to establish an area.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. ) ## 36021. The city council shall adopt a resolution of intention to establish an area. The resolution shall contain the following information: (a) Description of the boundaries of the proposed area; (b) The time and place of a hearing to be held by the council to consider establishment of an area; (c) The proposed uses to which the proposed revenue shall be put; and (d) The initial or additional rate or levy, of the license tax, with a breakdown by class of business if such classification is to be used. (Amended by Stats. 1967, Ch. 1175.)
  34. 36022.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. )

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    For certain hearings, notice must be given by publishing the resolution of intention in a newspaper and mailing a complete copy to each business in the area.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. ) ## 36022. Notice of a hearing held under Section 36021, 36061, or 36080 shall be given by both of the following: (a) One publication of the resolution of intention in a newspaper of general circulation in the city. (b) Mailing a complete copy of the resolution of intention to each business in the proposed, or established, area. Publication and mailing shall be completed at least 10 days prior to the time of the hearing. (Amended by Stats. 1984, Ch. 193, Sec. 140.)
  35. 36023.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. )

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    When a hearing is held under this part, the city council must hear protests, receive evidence, and decide the protests finally; it may also continue the hearing.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. ) ## 36023. Whenever a hearing is held under this part, the city council shall hear all protests and receive evidence for or against the proposed action; the council shall also rule upon all protests which determination shall be final; and the council may continue the hearing from time to time. Proceedings shall terminate if protest is made by businesses in the proposed area which (1) pay a majority of the taxes within the area under the general business license tax, or (2) if there is no general business license tax, would pay a majority of the taxes within the area under the proposed tax. (Amended by Stats. 1967, Ch. 1175.)
  36. 36024.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. )

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    If the council changes the proposed area’s boundaries, the hearing must be continued for at least 15 days and notice must include the boundary amendments; no resolution of intention is required.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. ) ## 36024. If the council decides to change the boundaries of the proposed area, the hearing shall be continued to a time at least 15 days after such decision and notice shall be given as prescribed in Section 36022, showing the boundary amendments, but no resolution of intention is required. (Added by Stats. 1965, Ch. 241.)
  37. 36025.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    If the council decides to establish the proposed area after the hearing, it must adopt an ordinance.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. ) ## 36025. If the council, following the hearing, decides to establish the proposed area, it shall adopt an ordinance to that effect. This ordinance shall contain the following information: (a) The number, date and title of the resolution of intention pursuant to which it was adopted; (b) The time and place the hearing was held concerning the formation of such area; (c) The description of the boundaries of such area; (d) A statement that the businesses in the area established by the ordinance shall be subject to the provisions of the tax or additional tax provided by this part; (e) The initial or additional rate or levy, of the license tax to be imposed with a breakdown by classification of business, if such classification is used; and (f) A statement that a parking and business improvement area has been established. (g) The uses to which the revenue shall be put. (Amended by Stats. 1967, Ch. 1175.)
  38. 36026.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. )

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    The city council may create and change benefit zones for the purposes in Section 36000 and set different tax rates within each zone.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. ) ## 36026. The city council may, for each of the purposes set out in Section 36000, establish and modify one or more separate benefit zones based upon the degree of benefit derived from the purpose and may impose a different rate of tax within each such benefit zone. (Added by Stats. 1967, Ch. 1175.)
  39. 36027.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    Benefit zones are subject to the same rules as area establishment, modification, and disestablishment under this part.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 2. Establishment [36020 - 36027] ( Chapter 2 added by Stats. 1965, Ch. 241. ) ## 36027. All provisions of this part applicable to establishment or disestablishment of an area also apply to the establishment, modification, or disestablishment of benefit zones pursuant to Section 36026. The establishment or the modification of any such zone shall follow the same procedure as provided for the establishment of a parking and business improvement area and the disestablishment shall follow the same procedure as provided for disestablishment of an area. (Added by Stats. 1967, Ch. 1175.)
  40. 36040.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 3. Classification of Businesses [36040 - 36041] ( Chapter 3 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    The city council may reasonably classify businesses for this part’s tax or additional tax, considering factors such as the benefit received from parking only.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 3. Classification of Businesses [36040 - 36041] ( Chapter 3 added by Stats. 1965, Ch. 241. ) ## 36040. For purposes of the tax or additional tax to be imposed pursuant to this part, the city council may make a reasonable classification of businesses, giving consideration to various factors, including the degree of benefit received from parking only. (Amended by Stats. 1967, Ch. 1175.)
  41. 36041.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 3. Classification of Businesses [36040 - 36041] ( Chapter 3 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    Recently established businesses in the area may be exempt from the tax for up to one year after they start doing business there.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 3. Classification of Businesses [36040 - 36041] ( Chapter 3 added by Stats. 1965, Ch. 241. ) ## 36041. Businesses recently established in the area may be exempted from the tax, imposed pursuant to this part, for a period not exceeding one year from the date they commenced business in the area. (Added by Stats. 1965, Ch. 241.)
  42. 36060.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 4. Taxation [36060 - 36063] ( Chapter 4 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    The tax must be collected at the same time and in the same way as other business license taxes, unless the city council sets a different collection method.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 4. Taxation [36060 - 36063] ( Chapter 4 added by Stats. 1965, Ch. 241. ) ## 36060. The collection of the tax imposed pursuant to this part shall be made at the same time and in the same manner as any other business license tax or in such other manner as the city council shall determine. (Added by Stats. 1965, Ch. 241.)
  43. 36061.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 4. Taxation [36060 - 36063] ( Chapter 4 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    The city council may change the rate, additional rate, levy, or revenue use by ordinance after a hearing, and must first adopt a resolution of intention at least 15 days before that hearing.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 4. Taxation [36060 - 36063] ( Chapter 4 added by Stats. 1965, Ch. 241. ) ## 36061. Changes may be made in the rate or additional rate or levy or in the uses to which the revenue shall be put as specified in the ordinance establishing the area, by ordinance adopted after a hearing before the city council. The city council shall adopt a resolution of intention to change the rate or additional rate or levy or the uses to which the revenue shall be put at least 15 days prior to the hearing required by this section. This resolution shall specify the proposed change and shall give the time and place of the hearing. (Amended by Stats. 1967, Ch. 1175.)
  44. 36062.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 4. Taxation [36060 - 36063] ( Chapter 4 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    A city council may set a parking-area tax on a benefit basis, and it must consider specified cost, area, property-value, and business-volume factors when doing so.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 4. Taxation [36060 - 36063] ( Chapter 4 added by Stats. 1965, Ch. 241. ) ## 36062. The tax need not be imposed on different classes, established pursuant to Chapter 3 (commencing with Section 36040) of the business on the same basis or at the same rate; provided, however, that the tax imposed for the purpose of the acquisition, construction or maintenance of parking facilities for the benefit of the area shall be imposed on the basis of benefit determined by the city council after giving consideration to the total cost to be recovered from the businesses upon which the tax is to be imposed, the total area within the boundaries of the parking and business improvement area, the assessed value of the land and improvements within the area, the total business volume generated within the area, and such other factors as the city council may find and determine to be a reasonable measure of such benefit. (Amended by Stats. 1967, Ch. 1175.)
  45. 36063.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 4. Taxation [36060 - 36063] ( Chapter 4 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    The tax must be used only for the purposes named in the ordinances.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 4. Taxation [36060 - 36063] ( Chapter 4 added by Stats. 1965, Ch. 241. ) ## 36063. The tax levied hereunder must be for the purposes specified in the ordinances and the proceeds shall not be used for any other purpose. (Added by Stats. 1965, Ch. 241.)
  46. 36080.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 5. Disestablishment [36080 - 36081] ( Chapter 5 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    The city council may disestablish an area by ordinance, but only after a hearing. It must also adopt a resolution of intention at least 15 days before that hearing, and the resolution must state the hearing’s time and place.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 5. Disestablishment [36080 - 36081] ( Chapter 5 added by Stats. 1965, Ch. 241. ) ## 36080. The city council may disestablish an area by ordinance after a hearing before the city council. The city council shall adopt a resolution of intention to disestablish the area at least 15 days prior to the hearing required by this section. The resolution shall give the time and place of the hearing. (Added by Stats. 1965, Ch. 241.)
  47. 36081.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 5. Disestablishment [36080 - 36081] ( Chapter 5 added by Stats. 1965, Ch. 241. )

    Verify source ↗

    When an area is disestablished, the city council decides how to dispose of tax proceeds and assets bought with those proceeds.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 [36000 - 36081] ( Part 5 added by Stats. 1965, Ch. 241. ) ## CHAPTER 5. Disestablishment [36080 - 36081] ( Chapter 5 added by Stats. 1965, Ch. 241. ) ## 36081. Upon disestablishment of an area, any proceeds of the tax, or assets acquired with such proceeds, shall be subject to disposition as the city council shall determine. (Added by Stats. 1965, Ch. 241.)
  48. 361.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 61 runs from Route 84 near Newark to Route 580 near Albany, and no part of it may be built as a freeway north of Hegenberger Road.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 361. Route 61 is from Route 84 near Newark to Route 580 near Albany via the vicinity of San Leandro and Oakland International Airport and via Alameda. No portion of Route 61 shall be constructed as a freeway north of Hegenberger Road. (Amended by Stats. 1984, Ch. 409, Sec. 34.)
  49. 362.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 62 runs from Route 10 near Whitewater to the Arizona state line near Earp, passing through several listed places.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 362. Route 62 is from Route 10 near Whitewater to the Arizona state line near Earp via Morongo Valley, the vicinity of Yucca Valley, Twentynine Palms, Rice, and Vidal Junction. (Amended by Stats. 1981, Ch. 292, Sec. 27.)
  50. 363.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 63 is defined as running from Route 137 near Tulare to Route 198, then from Route 198 to Route 180 via the vicinity of Orosi and Orange Cove.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 363. Route 63 is from: (a) Route 137 near Tulare to Route 198. (b) Route 198 to Route 180 via the vicinity of Orosi and Orange Cove. (Amended by Stats. 1965, Ch. 1372.)
  51. 364.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 64 runs from Route 1 near Malibu Beach to Route 5 south of San Fernando.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 364. Route 64 is from Route 1 near Malibu Beach to Route 5 south of San Fernando. (Repealed and added by Stats. 1963, Ch. 385.)
  52. 365.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 65 is defined as running between listed state highway points near Bakersfield, Exeter, Roseville, Marysville, and Yuba City.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 365. Route 65 is from: (a) Route 99 near Bakersfield to Route 198 near Exeter. (b) Route 198 near Exeter to Route 80 near Roseville on a route along the easterly side of the San Joaquin Valley, which route may include all or portions of any existing state highway route. (c) Route 80 near Roseville to Route 70 near Marysville. (d) Route 70 near Marysville to Route 99 in or near Yuba City. (Amended by Stats. 1985, Ch. 46, Sec. 1.)
  53. 36500.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 1. Declarations [36500 - 36504] ( Article 1 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    This section names the part as the “Parking and Business Improvement Area Law of 1989.”

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 1. Declarations [36500 - 36504] ( Article 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36500. This part shall be known and may be cited as the “Parking and Business Improvement Area Law of 1989.” (Repealed and added by Stats. 1989, Ch. 591, Sec. 2.)
  54. 36501.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 1. Declarations [36500 - 36504] ( Article 1 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    The Legislature states that business districts are economically disadvantaged and that cities may help revitalize and maintain them, including through assessments on businesses that benefit.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 1. Declarations [36500 - 36504] ( Article 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36501. (a) The Legislature finds and declares that businesses located and operating within the business districts of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) The Legislature also finds and declares that it is in the public interest to promote the economic revitalization and physical maintenance of the business districts of its cities in order to create jobs, attract new businesses, and prevent erosion of the business districts. (c) The Legislature also finds that it is of particular local benefit to allow cities to fund property related improvements and activities through the levy of assessments upon the businesses which benefit from those improvements and activities. (d) The Legislature also finds and declares that tourism is a large and growing contributor to California’s economy, and that promotion of a city’s or county’s scenic, recreational, cultural, and other attractions as a tourist destination is an important public purpose. (e) The Legislature also finds and declares that assessments levied for the purpose of providing improvements and promoting activities which benefit individual businesses may also benefit the property within the area directly or indirectly and that those assessments are not taxes for the general benefit of a city, but are assessments for the improvements and activities which confer special benefits upon the businesses for which the improvements and activities are provided. (Amended by Stats. 1991, Ch. 1110, Sec. 40.)
  55. 36502.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 1. Declarations [36500 - 36504] ( Article 1 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    This section says the part is meant to replace earlier laws on city assessments for business improvement areas and to create a uniform procedure for those assessments.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 1. Declarations [36500 - 36504] ( Article 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36502. The purpose of this part is to recodify and supplant previously enacted provisions of law which authorize cities to levy assessments on businesses within a parking and business improvement area and to provide a uniform procedure to levy assessments for improvements and activities of businesses located and operating in a business district of a city. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. In addition, this part is intended to provide a method for financing public programs to attract tourist visits to areas where tourism is economically important and desired. (Amended by Stats. 1991, Ch. 1110, Sec. 41.)
  56. 36503.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 1. Declarations [36500 - 36504] ( Article 1 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    If a provision of this part conflicts with another law, this part controls.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 1. Declarations [36500 - 36504] ( Article 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36503. Any provision of this part which conflicts with any other provision of law shall prevail over the other provision of law. (Repealed and added by Stats. 1989, Ch. 591, Sec. 2.)
  57. 36504.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 1. Declarations [36500 - 36504] ( Article 1 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    This section says the part should be interpreted liberally, and if any provision is invalid the rest still remains in effect.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 1. Declarations [36500 - 36504] ( Article 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36504. This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. If the provisions of this part respecting the levying of assessments are held invalid in any area within which assessments have been levied pursuant to Chapter 3 (commencing with Section 36530), the assessments shall be reimposed in an identical amount and upon the same businesses as a matter of law and no lapse in the levy of any assessment shall be deemed to have occurred. Assessments levied under this part are not special taxes. (Repealed and added by Stats. 1989, Ch. 591, Sec. 2.)
  58. 36505.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    This section defines “advisory board” as the advisory board or commission appointed by the city council under Section 36530.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36505. “Advisory board” means the advisory board or commission appointed by the city council pursuant to Section 36530. (Repealed and added by Stats. 1989, Ch. 591, Sec. 2.)
  59. 36506.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    “Assessment” means a levy used to fund improvements and activities that benefit businesses in a parking and business improvement area.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36506. “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the businesses located and operating within a parking and business improvement area. (Repealed and added by Stats. 1989, Ch. 591, Sec. 2.)
  60. 36507.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    “Business” includes all types of businesses, plus financial institutions and professions.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36507. “Business” means all types of businesses and includes financial institutions and professions. (Repealed and added by Stats. 1989, Ch. 591, Sec. 2.)
  61. 36508.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    This section defines “city” for this part of the code.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36508. “City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which include only cities, counties, or a city and county. (Amended by Stats. 1991, Ch. 1110, Sec. 42.)
  62. 36509.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    This section defines “city council” for this part.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36509. “City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. (Amended by Stats. 1991, Ch. 1110, Sec. 43.)
  63. 36509.5.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    In this section, “Clerk” means the clerk of the legislative body.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36509.5. “Clerk” means clerk of the legislative body. (Added by Stats. 2015, Ch. 269, Sec. 37. (SB 184) Effective January 1, 2016.)
  64. 36510.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    This section defines “improvement” for this part of the code.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36510. “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches. (c) Trash receptacles. (d) Street lighting. (e) Decorations. (f) Parks. (g) Fountains. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  65. 36511.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    This section defines “parking and business improvement area,” or “area,” as an area designated under this part.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36511. “Parking and business improvement area,” or “area,” means an area designated as provided in this part. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  66. 36512.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    This section defines “property” as real property situated within an area.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36512. “Property” means real property situated within an area. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  67. 36513.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    This section defines “Activities” to include several business-area promotional activities, such as public events, music in public places, tourism promotion, and other activities that benefit businesses in the area.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 2. Definitions [36505 - 36513] ( Article 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36513. “Activities” means, but is not limited to, all of the following: (a) Promotion of public events which benefit businesses in the area and which take place on or in public places within the area. (b) Furnishing of music in any public place in the area. (c) Promotion of tourism within the area. (d) Activities which benefit businesses located and operating in the area. (Amended by Stats. 1991, Ch. 1110, Sec. 44.)
  68. 36515.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 3. Prior Law [36515- 36515.] ( Article 3 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    Improvement areas established before January 1, 1990 are treated as valid and effective, and the repeal does not affect them.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 1. General Provisions [36500 - 36515] ( Chapter 1 added by Stats. 1989, Ch. 591, Sec. 2. ) ## ARTICLE 3. Prior Law [36515- 36515.] ( Article 3 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36515. Every improvement area established prior to January 1, 1990, pursuant to the Parking and Business Improvement Area Law of 1979 (former Part 6 (commencing with Section 36500) of this division) is hereby declared valid and effective and is unaffected by the repeal of that law, but is subject to Chapters 3 (commencing with Section 36530), 4 (commencing with Section 36540), and 5 (commencing with Section 36550) of this part rather than any provision of prior law. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  69. 36520.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    A parking and business improvement area may be established under this chapter.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36520. A parking and business improvement area may be established as provided in this chapter. (Repealed and added by Stats. 1989, Ch. 591, Sec. 2.)
  70. 36521.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    The city council may establish an area on its own initiative.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36521. The city council may establish an area on its own initiative. (Repealed and added by Stats. 1989, Ch. 591, Sec. 2.)
  71. 36521.5.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    A county or city may not form an area in another local jurisdiction without the relevant local consent.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36521.5. A county may not form an area within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form an area within the unincorporated territory of a county, without the consent of the board of supervisors of that county. A city may not form an area within the territorial jurisdiction of another city without the consent of the city council of the other city. (Added by Stats. 1991, Ch. 1110, Sec. 45.)
  72. 36522.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    A city council must start proceedings to establish a parking and business improvement area by adopting a resolution of intention that includes required details about the area, assessments, a hearing, and protests.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36522. Proceedings to establish a parking and business improvement area shall be instituted by the adoption by the city council of a resolution of intention to establish the area. The resolution of intention shall do all of the following: (a) State that a parking and business improvement area is proposed to be established pursuant to this chapter and describe the boundaries of the territory proposed to be included in the area and the boundaries of each separate benefit zone to be established within the area. The boundaries of the area may be described by reference to a map on file in the office of the clerk, showing the proposed area. (b) State the name of the proposed area. (c) State the type or types of improvements and activities proposed to be funded by the levy of assessments on businesses in the area. The resolution of intention shall specify any improvements to be acquired. (d) State that, except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities within the area. (e) State the proposed method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business. (f) State whether new businesses will be exempt from the levy of the assessment, pursuant to Section 36531. (g) Fix a time and place for a public hearing on the establishment of the parking and business improvement area and the levy of assessments, which shall be consistent with the requirements of Section 54954.6 of the Government Code. (h) State that at the hearing the testimony of all interested persons for or against the establishment of the area, the extent of the area, or the furnishing of specified types of improvements or activities will be heard. (i) Describe, in summary, the effect of protests made by business owners against the establishment of the area, the extent of the area, and the furnishing of a specified type of improvement or activity, as provided in Section 36524. (Amended by Stats. 2011, Ch. 382, Sec. 14. (SB 194) Effective January 1, 2012.)
  73. 36523.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    Before certain public-hearing notices, the resolution of intention must be published and mailed within the stated time limits.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36523. Notice of a public hearing held under Section 36524, 36541, 36542, or 36550 shall be given by both of the following: (a) Publishing the resolution of intention in a newspaper of general circulation in the city once, for at least seven days before the public hearing. (b) Mailing of a complete copy of the resolution of intention by first-class mail to each business owner in the area within seven days of the city council’s adoption of the resolution of intention. (c) Notwithstanding subdivision (b), in the case of an area established primarily to promote tourism, a copy of the resolution of intention shall be mailed by first-class mail within seven days of the city council’s adoption of the resolution of intention, to the owner of each business in the area which will be subject to assessment. (Amended by Stats. 1993, Ch. 1194, Sec. 25. Effective October 11, 1993.)
  74. 36523.5.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    Before adopting any new or increased assessment, the city council must give notice under Government Code Section 54954.6 instead of publishing notice under Section 36523(a).

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36523.5. Notwithstanding Section 36523, prior to adopting any new or increased assessment, the city council shall give notice pursuant to Section 54954.6 of the Government Code in lieu of publishing notice pursuant to subdivision (a) of Section 36523. (Added by Stats. 1993, Ch. 1194, Sec. 26. Effective October 11, 1993.)
  75. 36524.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    The city council must hear protests at the public hearing, and written protests must be filed on time and contain required business ownership information.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36524. (a) At the public hearing, the city council shall hear and consider all protests against the establishment of the area, the extent of the area, or the furnishing of specified types of improvements or activities within the area. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. (b) Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. (c) Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. (Repealed and added by Stats. 1989, Ch. 591, Sec. 2.)
  76. 36525.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    If qualifying business owners file and keep a majority protest, further proceedings to create the parking and business improvement area or levy the assessment must stop for one year; if the protest is only about certain improvements or activities, those items must be removed.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36525. (a) If written protests are received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent, no further proceedings to create the specified parking and business improvement area or to levy the proposed assessment, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (b) If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the area, those types of improvements or activities shall be eliminated. (Amended by Stats. 1991, Ch. 1110, Sec. 47.)
  77. 36526.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    The city council may adjust the proposed assessment and related improvements at the end of the public hearing, but it cannot expand area boundaries to include territory that will not benefit.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36526. (a) At the conclusion of the public hearing to establish the area, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. (b) At the public hearing, the city council may only make changes in, to, or from, the boundaries of the proposed parking and business improvement area that will exclude territory which will not benefit from the proposed improvements or activities. However, proposed assessments may only be revised by reducing any or all of them. (c) The city council shall not change the boundaries of the area to include any territory that will not, in its judgment, benefit by the improvement or activity. Any addition of territory to the proposed boundaries of the area may be made only upon notice to the owners of the businesses proposed to be added to the area, as provided in Section 36523, and upon a public hearing on the addition of territory, as provided in Section 36524. (Amended by Stats. 1991, Ch. 1110, Sec. 48.)
  78. 36527.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    If the city council decides to establish the proposed parking and business improvement area after the public hearing, it must adopt an ordinance that includes specified findings, descriptions, funding statements, and assessment rules.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36527. If the city council, following the public hearing, decides to establish the proposed parking and business improvement area, it shall adopt an ordinance to that effect. The ordinance shall contain all of the following: (a) The number, date of adoption, and title of the resolution of intention. (b) The time and place where the public hearing was held concerning the establishment of the area. (c) A determination regarding any protests received at the public hearing. (d) The description of the boundaries of the area and of each separate benefit zone established within the area. (e) A statement that a parking and business improvement area has been established and the name of the area. (f) A statement that the businesses in the area established by the ordinance shall be subject to any amendments to this part. (g) The description of the method and basis of levying the assessments, with a breakdown by classification of businesses if a classification is used. (h) A statement that the improvements and activities to be provided in the area will be funded by the levy of the assessments. The revenue from the levy of assessments within an area shall not be used to provide improvements or activities outside the area or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the area. (i) A finding that the businesses and the property within the business and improvement area will be benefited by the improvements and activities funded by the assessments proposed to be levied. In the case of an area formed to promote tourism, only businesses that benefit from tourist visits may be assessed. (j) The time and manner of collecting the assessments. (Amended by Stats. 1991, Ch. 1110, Sec. 49.)
  79. 36528.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    The city council may create separate benefit zones and set different assessments in each zone.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36528. The city council may establish one or more separate benefit zones within the area based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. (Repealed and added by Stats. 1989, Ch. 591, Sec. 2.)
  80. 36529.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    A city council must use the parking and business improvement area procedure when establishing, modifying, or disestablishing a benefit zone.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 2. Establishment [36520 - 36529] ( Chapter 2 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36529. All provisions of this part applicable to the establishment, modification, or disestablishment of a parking and business improvement area apply to the establishment, modification, or disestablishment of benefit zones. The city council shall, to establish, modify, or disestablish a benefit zone, follow the procedure to establish, modify, or disestablish a parking and business improvement area. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  81. 36530.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    The city council must appoint an advisory board, and that board must recommend how assessment revenues should be spent and how assessments should be classified and levied. The city council may also use existing boards, create a new board, limit membership to assessment payers, and appoint the board before the resolution of intention is adopted.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36530. The city council shall appoint an advisory board which shall make a recommendation to the city council on the expenditure of revenues derived from the levy of assessments pursuant to this part, on the classification of businesses, as applicable, and on the method and basis of levying the assessments. The city council may designate existing advisory boards or commissions to serve as the advisory board for the area or may create a new advisory board for that purpose. The city council may limit membership of the advisory board to persons paying the assessments under this part. The city council may appoint the advisory board prior to adoption of the resolution of intention to create the area, so that the advisory board may recommend the provisions of the resolution of intention. (Amended by Stats. 1991, Ch. 1110, Sec. 50.)
  82. 36531.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. )

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    The city council may exempt a newly established business in the area from assessments for up to one year, and must state and renew that decision in the required resolution of intention.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36531. The city council may exempt a business recently established in the area from the levy of the assessments, for a period not to exceed one year from the date the business commenced operating in the area. The city council shall state its determination to so exempt new businesses in the resolution of intention to establish the area and shall reaffirm its determination annually in the resolution of intention required to be adopted pursuant to Section 36534. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  83. 36532.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. )

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    Assessment collection must follow the time and manner set by the city council in the ordinance establishing the area.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36532. The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the ordinance establishing the area. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  84. 36533.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. )

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    The advisory board must prepare and file an annual report for each fiscal year, and the city council may approve or modify it, but not in a way that would impair certain contracts.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36533. (a) The advisory board shall cause to be prepared a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The report may propose changes, including, but not limited to, the boundaries of the parking and business improvement area or any benefit zones within the area, the basis and method of levying the assessments, and any changes in the classification of businesses, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the parking and business improvement area by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following: (1) Any proposed changes in the boundaries of the parking and business improvement area or in any benefit zones within the area. (2) The improvements and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements and the activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The city council may approve the report as filed by the advisory board or may modify any particular contained in the report and approve it as modified. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  85. 36534.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    After the report is approved, the city council must adopt a resolution of intention to levy the annual assessment, and the clerk must publish notice of the hearing at least 7 days before it.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36534. (a) After the approval of the report, the city council shall adopt a resolution of intention to levy an annual assessment for that fiscal year. The resolution of intention shall do all of the following: (1) Declare the intention of the city council to change the boundaries of the parking and business improvement area, or in any benefit zone within the area, if the report filed pursuant to Section 36533 proposes a change. (2) Declare the intention of the city council to levy and collect assessments within the parking and business improvement area for the fiscal year stated in the resolution. (3) Generally describe the proposed improvements and activities authorized by the ordinance enacted pursuant to Section 36527 and any substantial changes proposed to be made to the improvements and activities. (4) Refer to the parking and business improvement area by name and indicate the location of the area. (5) Refer to the report on file with the clerk for a full and detailed description of the improvements and activities to be provided for that fiscal year, the boundaries of the area and any benefit zones within the area, and the proposed assessments to be levied upon the businesses within the area for that fiscal year. (6) Fix a time and place for a public hearing to be held by the city council on the levy of the proposed assessment for that fiscal year. The public hearing shall be held not less than 10 days after the adoption of the resolution of intention. (7) State that at the public hearing written and oral protests may be made. The form and manner of protests shall comply with Sections 36524 and 36525. (b) The clerk shall give notice of the public hearing by causing the resolution of intention to be published once in a newspaper of general circulation in the city not less than seven days before the public hearing. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  86. 36535.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    The city council must hold and conduct the public hearing as specified, may make certain changes and adopt a confirming resolution, and may not expand boundaries to territory it judges will not benefit.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36535. (a) The city council shall hold the public hearing at the time and in the place specified in the resolution of intention. The public hearing shall be conducted as provided in Sections 36524 and 36525. The city council may continue the public hearing from time to time. (b) During the course or upon the conclusion of the public hearing, the city council may order changes in any of the matters provided in the report, including changes in the proposed assessments, the proposed improvements and activities to be funded with the revenues derived from the levy of the assessments, and the proposed boundaries of the area and any benefit zones within the area. The city council shall not change the boundaries to include any territory that will not, in its judgment, benefit by the improvement or activity. (c) At the conclusion of the public hearing, the city council may adopt a resolution confirming the report as originally filed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the report. (d) Notwithstanding subdivision (c), if the primary purpose of the area is promotion of tourism, the city council may adopt a resolution confirming the report as submitted by the advisory board, or may adopt a resolution continuing the program and assessments as levied in the then current year without change, and that resolution shall constitute the levy of an assessment for the fiscal year referred to in the report. As an alternative, the city council may modify the report and adopt a resolution confirming the report as modified, but in that case the city council may adopt the resolution only after providing notice of the proposed changes as specified in Section 36523 and only after conducting a public hearing on the resolution as provided in Sections 36524 and 36525. (Amended by Stats. 2007, Ch. 114, Sec. 2. Effective January 1, 2008.)
  87. 36536.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    Assessments on businesses under this part must be based on the estimated benefit to businesses and property in the parking and business improvement area.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36536. The assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses and property within the parking and business improvement area. The city council may classify businesses for purposes of determining the benefit to a business of the improvements and activities provided pursuant to this part. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  88. 36537.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    A challenge to the validity of an assessment under this part must be brought within 30 days after the assessment resolution is adopted, and any appeal from a final judgment must be perfected within 30 days after judgment.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36537. The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36535. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  89. 36538.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    This section says an assessment under this part is a government fee on the transaction, and the section becomes operative on July 1, 2024.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 3. Assessments [36530 - 36538] ( Chapter 3 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36538. (a) An assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code. (b) This section shall become operative on July 1, 2024. (Added by Stats. 2023, Ch. 400, Sec. 8. (SB 478) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  90. 36540.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 4. Modification of Boundaries, Assessments, Improvements, or Activities [36540 - 36542] ( Chapter 4 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    The advisory board may recommend changes to the area’s boundaries, benefit zones, assessment method, or funded improvements and activities.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 4. Modification of Boundaries, Assessments, Improvements, or Activities [36540 - 36542] ( Chapter 4 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36540. In addition to the changes authorized to be made in the annual report filed with the city council pursuant to Section 36533 or at the conclusion of the public hearing on the annual levy of the assessments, the advisory board may, at any time, recommend that the city council modify the boundaries of the area, any benefit zones within the area, the basis and method of levying the assessments, and any improvements or activities to be funded with the revenues derived from the levy of the assessments. Any modification shall be made pursuant to this chapter. (Repealed and added by Stats. 1989, Ch. 591, Sec. 2.)
  91. 36541.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 4. Modification of Boundaries, Assessments, Improvements, or Activities [36540 - 36542] ( Chapter 4 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    The city council must hold a public hearing and adopt an ordinance before changing the assessment method or the area boundaries.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 4. Modification of Boundaries, Assessments, Improvements, or Activities [36540 - 36542] ( Chapter 4 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36541. (a) The city council shall modify the basis and method of levying the assessment or the boundaries of the area by adopting an ordinance after holding a public hearing on the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be consistent with the requirements of Section 54954.6 of the Government Code. Notice of the public hearing shall be published and shall be mailed to each owner of a business affected by the proposed modification, as provided in Section 36523. The public hearing shall be conducted as provided in Sections 36524 and 36525. (Amended by Stats. 2007, Ch. 114, Sec. 3. Effective January 1, 2008.)
  92. 36542.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 4. Modification of Boundaries, Assessments, Improvements, or Activities [36540 - 36542] ( Chapter 4 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    The city council may change the improvements and activities funded by the assessment revenue if it adopts a resolution after a public hearing.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 4. Modification of Boundaries, Assessments, Improvements, or Activities [36540 - 36542] ( Chapter 4 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36542. (a) The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. Notice of the public hearing and the proposed modifications shall be published as provided in Section 36523. (b) The public hearing shall be conducted as provided in Sections 36524 and 36525. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  93. 36550.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 5. Disestablishment [36550 - 36551] ( Chapter 5 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    The city council may disestablish an area, but only after adopting an ordinance and following the required public-hearing and notice steps.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 5. Disestablishment [36550 - 36551] ( Chapter 5 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36550. (a) The city council may disestablish an area by adopting an ordinance after holding a public hearing on the disestablishment, as provided in this section. (b) The city council shall adopt a resolution of intention to disestablish the area prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the parking and business improvement area. The public hearing shall be held not less than 20 or more than 30 days after the adoption of the resolution of intention. Notice of the public hearing shall be published as provided in Section 36523. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  94. 36551.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 5. Disestablishment [36550 - 36551] ( Chapter 5 added by Stats. 1989, Ch. 591, Sec. 2. )

    Verify source ↗

    When an area is disestablished, leftover assessment-related revenues must be refunded to the businesses then operating in the area, and notice of the disestablishment must be published in a newspaper within 15 days after the ordinance is adopted.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 [36500 - 36551] ( Part 6 repealed and added by Stats. 1989, Ch. 591, Sec. 2. ) ## CHAPTER 5. Disestablishment [36550 - 36551] ( Chapter 5 added by Stats. 1989, Ch. 591, Sec. 2. ) ## 36551. (a) Upon the disestablishment of an area, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be refunded to the owners of the businesses then located and operating within the area in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the area is disestablished. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. Notice of the disestablishment of an area shall be published once in a newspaper of general circulation in the city, not later than 15 days after the ordinance disestablishing the area is adopted. (Added by Stats. 1989, Ch. 591, Sec. 2.)
  95. 366.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    This section describes Route 66 segments and requires certain cities to keep signs pointing motorists to Route 66 and maintain traffic flow on relinquished portions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 366. (a) Route 66 is from: (1) Route 210 near San Dimas to the eastern city limit of the City of Pomona. (2) The eastern city limit of the City of Rialto to Route 215 in San Bernardino. (b) The relinquished former portions of Route 66 within the city limits of the Cities of Claremont, Fontana, Rancho Cucamonga, Rialto, and Upland are not state highways and are not eligible for adoption under Section 81. For the portions of Route 66 relinquished under this section, the Cities of Claremont, Fontana, Rancho Cucamonga, Rialto, and Upland shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 66 and shall ensure the continuity of traffic flow on the relinquished portions of Route 66, including any traffic signal progression. (Amended by Stats. 2013, Ch. 523, Sec. 10. (SB 788) Effective January 1, 2014.)
  96. 36600.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    This part is called the “Property and Business Improvement District Law of 1994.”

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36600. This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” (Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)
  97. 36601.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    The Legislature states findings about business districts, assessments, and special benefits for property and business improvement districts.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36601. The Legislature finds and declares all of the following: (a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements. (d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits: (1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied. (2) Job creation. (3) Business attraction. (4) Business retention. (5) Economic growth. (6) New investments. (f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts. (1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined. (Amended by Stats. 2016, Ch. 366, Sec. 27. (SB 974) Effective January 1, 2017.)
  98. 36602.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. )

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    This section says the part is meant to supplement existing law on city assessments in property and business improvement districts and ensure those assessments meet constitutional requirements.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36602. The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. (Amended by Stats. 2014, Ch. 240, Sec. 2. (AB 2618) Effective January 1, 2015.)
  99. 36603.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. )

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    This section says a charter city’s power to adopt different assessment-levying ordinances is not preempted, and districts created under this part are exempt from the 1931 Special Assessment Investigation, Limitation and Majority Protest Act.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36603. Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). (Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)
  100. 36603.5.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. )

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    For districts created under this part, any provision of this part that conflicts with another law controls over the conflicting law.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36603.5. Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part. (Amended by Stats. 2014, Ch. 240, Sec. 3. (AB 2618) Effective January 1, 2015.)
  101. 36604.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    This section says the part should be read liberally, stays effective if part of it is invalid, and assessments under it are not special taxes.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 1. Declarations [36600 - 36604] ( Article 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36604. This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. (Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)
  102. 36606.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    This section defines “Activities” for the district as services and programs that benefit businesses or real property in the district.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36606. “Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district: (a) Promotion of public events. (b) Furnishing of music in any public place. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. (Amended by Stats. 2016, Ch. 366, Sec. 28. (SB 974) Effective January 1, 2017.)
  103. 36606.5.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    “Assessment” means a levy used to acquire, construct, install, or maintain improvements and to provide activities that benefit properties or businesses in a property and business improvement district.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36606.5. “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district. (Added by renumbering Section 36606 by Stats. 2014, Ch. 240, Sec. 4. (AB 2618) Effective January 1, 2015.)
  104. 36607.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    This section defines “business” to include all types of businesses, financial institutions, and professions.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36607. “Business” means all types of businesses and includes financial institutions and professions. (Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)
  105. 36608.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    This section defines “city” for this part of the code.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36608. “City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. (Amended by Stats. 2011, Ch. 382, Sec. 15. (SB 194) Effective January 1, 2012.)
  106. 36609.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    This section defines “city council” for this part.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36609. “City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. (Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)
  107. 36609.4.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    “Clerk” means the clerk of the legislative body.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36609.4. “Clerk” means the clerk of the legislative body. (Added by Stats. 2014, Ch. 240, Sec. 5. (AB 2618) Effective January 1, 2015.)
  108. 36609.5.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    This section defines “general benefit” for a property-based district as any benefit that is not a “special benefit” under Section 36615.5.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36609.5. “General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5. (Added by Stats. 2014, Ch. 240, Sec. 6. (AB 2618) Effective January 1, 2015.)
  109. 36610.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    This section defines “improvement” for this part of the code.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36610. “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (f) Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls. (l) Rehabilitation or removal of existing structures. (Amended by Stats. 2016, Ch. 366, Sec. 29. (SB 974) Effective January 1, 2017.)
  110. 36611.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    This section defines “management district plan” or “plan” as a proposal defined in Section 36622.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36611. “Management district plan” or “plan” means a proposal as defined in Section 36622. (Added by renumbering Section 36614 by Stats. 2014, Ch. 240, Sec. 10. (AB 2618) Effective January 1, 2015.)
  111. 36612.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    An owners’ association is a private nonprofit under contract with a city, may be formed existing or new, and must comply with the Brown Act and Public Records Act for district matters and records.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36612. “Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district. (Amended by Stats. 2021, Ch. 615, Sec. 420. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  112. 36614.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    “Property” means real property located within a district.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36614. “Property” means real property situated within a district. (Added by renumbering Section 36612 by Stats. 2014, Ch. 240, Sec. 8. (AB 2618) Effective January 1, 2015.)
  113. 36614.5.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    This section defines “property and business improvement district,” or “district,” as a property and business improvement district established under this part.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36614.5. “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part. (Added by renumbering Section 36611 by Stats. 2014, Ch. 240, Sec. 7. (AB 2618) Effective January 1, 2015.)
  114. 36614.6.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    “Property-based assessment” means an assessment made under this part on real property.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36614.6. “Property-based assessment” means any assessment made pursuant to this part upon real property. (Added by Stats. 2014, Ch. 240, Sec. 12. (AB 2618) Effective January 1, 2015.)
  115. 36614.7.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    “Property-based district” means a district where a city levies a property-based assessment.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36614.7. “Property-based district” means any district in which a city levies a property-based assessment. (Added by Stats. 2014, Ch. 240, Sec. 13. (AB 2618) Effective January 1, 2015.)
  116. 36615.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    This section defines “property owner,” “business owner,” and “owner,” and says a city council’s ownership determination is final for this part.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36615. “Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. (Amended by Stats. 2011, Ch. 382, Sec. 16. (SB 194) Effective January 1, 2012.)
  117. 36615.5.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    This section defines “special benefit” for property-based districts and says it includes direct and incidental district-related benefits, but not general enhancement in property value.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36615.5. (a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value. (b) “Special benefit” also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general. (Amended by Stats. 2022, Ch. 129, Sec. 1. (AB 2890) Effective January 1, 2023.)
  118. 36616.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    This section defines “tenant” as an occupant who leases commercial space or a dwelling unit, but not an owner.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 2. Definitions [36606 - 36616] ( Article 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36616. “Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. (Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)
  119. 36617.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 3. Prior Law [36617- 36617.] ( Article 3 added by Stats. 1994, Ch. 897, Sec. 1. )

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    This section says the part provides an alternative way to finance certain improvements and activities.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 1. General Provisions [36600 - 36617] ( Chapter 1 added by Stats. 1994, Ch. 897, Sec. 1. ) ## ARTICLE 3. Prior Law [36617- 36617.] ( Article 3 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36617. This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. (Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)
  120. 36620.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    A property and business improvement district may be established under this chapter.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36620. A property and business improvement district may be established as provided in this chapter. (Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)
  121. 36620.5.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    A county or city cannot form a district in certain areas unless the relevant local government consents.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36620.5. A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. (Added by Stats. 1994, Ch. 897, Sec. 1. Effective January 1, 1995.)
  122. 36621.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    A qualifying petition can let the city council start district-formation proceedings, and the petition and resolution must include specified information.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36621. (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623. (Amended by Stats. 2014, Ch. 240, Sec. 15. (AB 2618) Effective January 1, 2015.)
  123. 36622.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    The management district plan must include specified information, such as maps, boundaries, activities, financing details, assessment timing, and term limits.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36622. The management district plan shall include, but is not limited to, all of the following: (a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision. (e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (3) In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit. (l) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (m) Any other item or matter required to be incorporated therein by the city council. (Amended by Stats. 2022, Ch. 129, Sec. 2. (AB 2890) Effective January 1, 2023.)
  124. 36623.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    This section sets the notice, protest, and hearing rules for new or increased property and business assessments proposed by a city council.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36623. (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners. (Amended by Stats. 2012, Ch. 330, Sec. 21. (SB 1090) Effective January 1, 2013.)
  125. 36624.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    The city council may change the proposed assessment and related improvement items at the close of the public hearing, but assessment reductions can only be made by lowering them.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36624. At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. (Amended by Stats. 2014, Ch. 240, Sec. 17. (AB 2618) Effective January 1, 2015.)
  126. 36625.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    If the city council decides to create a property and business improvement district after the public hearing, it must adopt a resolution of formation with specified details, and the city may not establish the district or levy assessments if there was a majority protest.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36625. (a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit. (8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district. (b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. (Amended by Stats. 2016, Ch. 366, Sec. 30. (SB 974) Effective January 1, 2017.)
  127. 36627.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

    Verify source ↗

    After district assessments are adopted under Section 36625, the clerk must record a notice and an assessment diagram. Other provisions of Division 4.5 do not apply to an assessment district created under this part.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36627. Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. (Amended by Stats. 2019, Ch. 643, Sec. 4. (SB 358) Effective January 1, 2020.)
  128. 36628.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    The city council may create benefit zones in the district and set different assessments for each zone or for different business categories.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36628. The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. (Amended by Stats. 2003, Ch. 763, Sec. 9. Effective January 1, 2004.)
  129. 36628.5.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    The city council may levy assessments on businesses or property owners, and it must structure those assessments to match the distribution of benefits. Property-based assessments must also meet the requirements in Section 36622(k)(2).

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36628.5. The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property-based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. (Amended by Stats. 2014, Ch. 240, Sec. 19. (AB 2618) Effective January 1, 2015.)
  130. 36629.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    A city council must use the property and business improvement district procedure when establishing, modifying, or ending a benefit zone or category of business.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36629. All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. (Amended by Stats. 2012, Ch. 330, Sec. 22. (SB 1090) Effective January 1, 2013.)
  131. 36630.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. )

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    If a property and business improvement district expires because of the time limit in Section 36622(h), a new management district plan may be created and the district may be renewed.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 2. Establishment [36620 - 36630] ( Chapter 2 added by Stats. 1994, Ch. 897, Sec. 1. ) ## 36630. If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part. (Amended by Stats. 2014, Ch. 201, Sec. 17. (SB 1462) Effective January 1, 2015.)
  132. 36631.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. )

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    The city council sets when and how the assessments are collected, and delinquent payments may be charged interest and penalties.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. ) ## 36631. The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties. (Amended by Stats. 2014, Ch. 201, Sec. 18. (SB 1462) Effective January 1, 2015.)
  133. 36632.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. )

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    Assessments must be based on estimated benefit, and the city council may classify properties or businesses for that purpose. Residential-only and agricultural properties are not subject to these assessments.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. ) ## 36632. (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. (Amended by Stats. 2003, Ch. 763, Sec. 13. Effective January 1, 2004.)
  134. 36633.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. )

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    Challenges to an assessment must be started within 30 days, and appeals from final judgments must be perfected within 30 days.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. ) ## 36633. The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. (Amended by Stats. 2020, Ch. 70, Sec. 2. (AB 2038) Effective January 1, 2021.)
  135. 36634.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. )

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    The city council may enter baseline service contracts to set city service levels that will continue after a property and business improvement district is formed.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. ) ## 36634. The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. (Repealed and added by Stats. 2001, Ch. 88, Sec. 5. Effective January 1, 2002.)
  136. 36635.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. )

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    The owners’ association may request at any time that the city council modify the management district plan.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. ) ## 36635. The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. (Repealed and added by Stats. 2001, Ch. 88, Sec. 5. Effective January 1, 2002.)
  137. 36636.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. )

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    The city council may change the district plan after a public hearing and, in some cases, must give notice and follow extra rules for assessments.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. ) ## 36636. (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing. (2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. (Amended by Stats. 2014, Ch. 201, Sec. 19. (SB 1462) Effective January 1, 2015.)
  138. 36637.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. )

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    If the resolution is later modified, the change must be reflected in later notices and maps recorded under Division 4.5, consistent with Section 36627.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. ) ## 36637. Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. (Amended by Stats. 2003, Ch. 763, Sec. 14. Effective January 1, 2004.)
  139. 36638.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. )

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    A business assessment under this part is treated as a government-imposed fee on a transaction.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3. Assessments [36631 - 36638] ( Chapter 3 repealed and added by Stats. 2001, Ch. 88, Sec. 5. ) ## 36638. (a) A business assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code. (b) This section shall become operative on July 1, 2024. (Added by Stats. 2023, Ch. 400, Sec. 9. (SB 478) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  140. 36640.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3.5. Financing [36640- 36640.] ( Chapter 3.5 added by Stats. 2003, Ch. 763, Sec. 15. )

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    The city council may issue bonds by resolution to finance approved improvements, and related debt service cannot exceed estimated assessment revenue over 30 years.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 3.5. Financing [36640- 36640.] ( Chapter 3.5 added by Stats. 2003, Ch. 763, Sec. 15. ) ## 36640. (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. (Added by Stats. 2003, Ch. 763, Sec. 15. Effective January 1, 2004.)
  141. 36650.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 4. Governance [36650 - 36651] ( Chapter 4 repealed and added by Stats. 2001, Ch. 88, Sec. 7. )

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    The owners’ association must prepare and file an annual report, and the city council may approve or modify it, but cannot approve assessment changes that would impair certain contracts.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 4. Governance [36650 - 36651] ( Chapter 4 repealed and added by Stats. 2001, Ch. 88, Sec. 7. ) ## 36650. (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. (5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. (Amended by Stats. 2014, Ch. 240, Sec. 20. (AB 2618) Effective January 1, 2015.)
  142. 36651.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 4. Governance [36650 - 36651] ( Chapter 4 repealed and added by Stats. 2001, Ch. 88, Sec. 7. )

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    A management district plan may say an owners’ association will provide listed improvements, maintenance, and activities; if it does, the city must contract with the designated nonprofit corporation to provide services.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 4. Governance [36650 - 36651] ( Chapter 4 repealed and added by Stats. 2001, Ch. 88, Sec. 7. ) ## 36651. The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services. (Amended by Stats. 2014, Ch. 240, Sec. 21. (AB 2618) Effective January 1, 2015.)
  143. 36660.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 5. Renewal [36660- 36660.] ( Chapter 5 added by Stats. 2001, Ch. 88, Sec. 9. )

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    A district whose term has expired, or will expire, may be renewed by following the chapter’s establishment procedures.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 5. Renewal [36660- 36660.] ( Chapter 5 added by Stats. 2001, Ch. 88, Sec. 9. ) ## 36660. (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. (Amended by Stats. 2014, Ch. 201, Sec. 21. (SB 1462) Effective January 1, 2015.)
  144. 36670.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 6. Disestablishment [36670 - 36671] ( Chapter 6 added by Stats. 2001, Ch. 88, Sec. 10. )

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    This section lets a city council disestablish certain districts by resolution when there is no unpaid debt, and it sets notice, petition, and hearing steps.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 6. Disestablishment [36670 - 36671] ( Chapter 6 added by Stats. 2001, Ch. 88, Sec. 10. ) ## 36670. (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. (Amended by Stats. 2016, Ch. 366, Sec. 31. (SB 974) Effective January 1, 2017.)
  145. 36671.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 6. Disestablishment [36670 - 36671] ( Chapter 6 added by Stats. 2001, Ch. 88, Sec. 10. )

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    When a district is disestablished or expires without renewal, remaining revenues must be refunded to property or business owners in the district after debts are paid, using the same assessment method for the relevant year. Revenue collected after disestablishment must be spent on improvements and activities in the management district plan.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 [36600 - 36671] ( Part 7 added by Stats. 1994, Ch. 897, Sec. 1. ) ## CHAPTER 6. Disestablishment [36670 - 36671] ( Chapter 6 added by Stats. 2001, Ch. 88, Sec. 10. ) ## 36671. (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. (Amended by Stats. 2012, Ch. 330, Sec. 23. (SB 1090) Effective January 1, 2013.)
  146. 367.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 67 runs from Route 8 near El Cajon to Route 78 near Ramona.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 367. Route 67 is from Route 8 near El Cajon to Route 78 near Ramona. (Repealed and added by Stats. 1963, Ch. 385.)
  147. 36700.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. )

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    This section says Part 8 may be cited as the “Multifamily Improvement District Law.”

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36700. This part shall be known and may be cited as the “Multifamily Improvement District Law.” (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  148. 36701.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. )

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    The Legislature makes findings about the economic condition of multifamily neighborhoods and the local benefit of city-funded improvements financed by assessments on benefiting businesses or property.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36701. The Legislature finds and declares all of the following: (a) Many businesses that operate multifamily residential properties and commercial properties within predominantly multifamily neighborhoods of California’s communities are economically disadvantaged, are underutilized, and are unable to attract tenants because of inadequate facilities, services, and activities in those neighborhoods. (b) It is in the public interest to promote the economic revitalization and physical maintenance of the multifamily residential neighborhoods to create jobs, attract new businesses, and prevent the erosion of the multifamily residential neighborhoods. (c) It is of particular local benefit to allow cities to fund business related improvements and activities through the levy of assessments upon the businesses or real property that benefit from those improvements. (d) Assessments levied for the purpose of providing improvements and promoting activities that benefit real property or businesses are not taxes for the general benefit of a city, but are assessments for the improvements and activities that confer special benefits upon the real property or businesses for which the improvements and activities are provided. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  149. 36702.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. )

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    This section says Part 8 is meant to supplement existing laws that let cities levy assessments for parking and business improvement areas and business improvement districts.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36702. The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)) and the Property and Business Improvement District Law of 1994 (Part 7 (commencing with Section 36600)). This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  150. 36703.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. )

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    This section says the part provides an alternative way to finance certain improvements and activities.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36703. This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  151. 36704.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. )

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    This section preserves charter city authority, exempts these districts from a 1931 special-assessment act, requires cities to separate general from special benefits, and limits assessments to the reasonable cost of the proportional special benefit.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36704. (a) Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. (b) A multifamily improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). (c) Any provision in this part that conflicts with any other provision of law shall prevail over the other provision of law. (d) This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. (e) Assessments levied under this part are not special taxes. (f) Consistent with Article XIII C of the California Constitution, no assessment shall be imposed under this part on any property which exceeds the reasonable cost of the proportional special benefit conferred on that property. Only special benefits are assessable, and a city shall separate the general benefits from the special benefits conferred on any property. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  152. 36705.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. )

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    This section defines key terms used in this part on multifamily improvement districts.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 1. General Provisions [36700 - 36705] ( Chapter 1 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36705. As used in this part: (a) “Activities” means, but is not limited to, all of the following: (1) Providing security services supplemental to those normally provided by the city. (2) Maintaining, including irrigating, landscaping. (3) Providing sanitation, graffiti removal, street and sidewalk cleaning, and other public services supplemental to those normally provided by the city. (4) Marketing, advertising, and promoting economic development, including the retention and recruitment of businesses and tenants. (5) Providing managerial services for multifamily residential businesses. (6) Providing building inspection and code enforcement services for multifamily residential businesses supplemental to those normally provided by the city. (b) “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the properties or businesses located within a multifamily improvement district. (c) “Business” means all types of businesses, including, but not limited to, the operation of multifamily residential properties, retail stores, commercial properties, financial institutions, and professional offices. (d) “City” means a city, county, city and county, or an agency or entity created pursuant to the Joint Exercise of Powers Act, Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county. (e) “City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. (f) “Clerk” means clerk of the legislative body. (g) “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more, including, but not limited to: (1) Parking facilities. (2) Benches, booths, kiosks, display cases, pedestrian shelters, signs, and entry monuments. (3) Trash receptacles. (4) Street lighting. (5) Street decorations. (6) Parks. (7) Fountains. (8) Planting areas. (9) Closing, opening, widening, or narrowing of existing streets. (10) Facilities or equipment, or both, to enhance the security of persons and property within the district. (11) Ramps, sidewalks, plazas, and pedestrian malls. (12) Rehabilitation or removal of existing structures. (h) “Management district plan” or “plan” means a proposal as described in Section 36713. (i) “Multifamily improvement district,” or “district,” means a multifamily improvement district established pursuant to this part. (j) “Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. (k) “Property” means real property situated within a multifamily improvement district. (l) “Property owner” or “owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. The city council has no obligation to obtain other information as to the ownership of land, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this subdivision requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. (m) “Tenant” means an occupant pursuant to a lease or a rental agreement of commercial space or a dwelling unit, other than an owner. (Amended by Stats. 2015, Ch. 269, Sec. 39. (SB 184) Effective January 1, 2016.)
  153. 36710.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

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    A multifamily improvement district may be established under this chapter, but a city may not form one on or after January 1, 2022 unless a timely later statute changes that date.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36710. (a) A multifamily improvement district may be established pursuant to this chapter. (b) A city may not form a multifamily improvement district on or after January 1, 2022, unless a later statute which is enacted on or before January 1, 2022, deletes or extends that date. (Amended by Stats. 2010, Ch. 339, Sec. 1. (SB 1483) Effective January 1, 2011.)
  154. 36711.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

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    A county or city cannot form a district in certain territories unless the relevant local government consents.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36711. A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  155. 36712.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

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    The city council may start district-formation proceedings if it receives a written petition signed by qualifying property owners or business owners. The petition and the council’s resolution must include specified information, and the resolution must order preparation of a management district plan.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36712. (a) Upon the submission of a written petition, signed by either property owners paying more than two-thirds of the proposed assessment or by business owners paying more than two-thirds of the proposed assessment, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. (b) The petition of the property owners or the business owners required pursuant to subdivision (a) shall include all of the following: (1) A map showing the general boundaries of the proposed district. (2) A general description of the proposed activities and improvements to be carried out by the district. (3) A general description of how the proposed district will be financed, and whether bonds are proposed to be issued. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or on businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) Order the preparation of a management district plan by a registered professional engineer certified by the state. (Amended by Stats. 2007, Ch. 114, Sec. 7. Effective January 1, 2008.)
  156. 36713.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

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    The management district plan must include specific information about the district, its financing, assessments, timing, and rules, and the district boundaries may not overlap another existing district created under this part.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36713. The management district plan shall contain all of the following: (a) A map of the proposed district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. (b) The name of the proposed district. (c) A description of the boundaries of the proposed district, including the boundaries of any benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected lands and businesses included. Under no circumstances shall the boundaries of a proposed district overlap with the boundaries of another existing district created pursuant to this part. Nothing in this part prohibits the boundaries of a district created pursuant to this part to overlap with other assessment districts. (d) The improvements and activities proposed for each year of operation of the district and the maximum cost thereof. (e) The total annual amount proposed to be expended for improvements, maintenance and operations, and debt service in each year of operation of the district. (f) The proposed source or sources of financing including the proposed method and basis of levying the assessment in sufficient detail to allow each property owner or each business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan shall also state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding those time limitations, a district that finances improvements with bonds may levy assessments until the maximum maturity of those bonds, not to exceed 20 years. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) A list of the properties or the businesses to be assessed, including the assessor’s parcel numbers for any properties to be assessed, and a statement of the method or upon benefited real property or businesses, in proportion to the benefit received by the property or the business, to defray the cost thereof, including operation and maintenance. The plan may provide that all or any class or category of real property which is exempt by law from real property taxation may nevertheless be included within the boundaries of the district but shall not be subject to assessment on real property. (l) Any other item or matter required to be incorporated therein by the city council. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  157. 36714.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

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    A city council proposing a new or increased property assessment must follow the specified Government Code procedures, and the city cannot establish the district or levy assessments if opposition ballots exceed the stated one-third threshold. For new or increased business assessments, the city council must follow a different Government Code procedure and mail notice to the business owners affected.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36714. (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedures shall comply with Section 53753 of the Government Code. Notwithstanding subdivision (e) of Section 53753 of the Government Code, the city may not establish the district or levy assessments if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed one-third of the total assessment ballots submitted, and not withdrawn, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. (Amended by Stats. 2007, Ch. 114, Sec. 8. Effective January 1, 2008.)
  158. 36715.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

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    At the end of the public hearing, the city council may change the proposed assessment and related improvements, but proposed assessments can only be revised downward. Boundary changes are limited to excluding land that will not benefit, and any changes must be reflected in the recorded notice and map.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36715. At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed district that will exclude territory that will not benefit from the proposed improvements or activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36718. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  159. 36716.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

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    If the city council decides to form the district after the public hearing, it must adopt a resolution of formation with specified details. The city cannot establish the district or levy assessments if opposition ballots exceed one-third, and assessment revenue cannot be used outside the district or for purposes not stated in the resolution of intention.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36716. (a) If the city council, following the public hearing, decides to establish the proposed district, the city council shall adopt a resolution of formation that shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement about whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed one-third of the total assessment ballots submitted, and not withdrawn, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted. (5) A statement that the properties or businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements and activities to be provided in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. (7) A finding that the property or the businesses within the area of the district will be benefited by the improvements and activities funded by the assessments proposed to be levied. (b) The adoption of the resolution of formation and recordation of the notice and map pursuant to Section 36718 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  160. 36717.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

    Verify source ↗

    If the city council wants to establish the proposed district after the public hearing, and its changes are not substantial, it must adopt a resolution creating the district.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36717. If the city council, following the public hearing, desires to establish the proposed district, and the city council has not made changes pursuant to Section 36715, or has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the district. The resolution shall contain all of the information specified in paragraphs (1) to (8), inclusive, of subdivision (a) of Section 36716, but need not contain information about the preliminary resolution if none has been adopted. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  161. 36718.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

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    After a district is established, the clerk must record a notice and assessment diagram; if the assessment is on businesses, the recorded notice must say so.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36718. Following the adoption of the resolution establishing the district pursuant to Section 36716 or 36717, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. If the assessment is levied on businesses, the text of the recorded notice shall be modified to reflect that the assessment will be levied on businesses, or specified categories of businesses, within the area of the district. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. (Amended by Stats. 2015, Ch. 269, Sec. 40. (SB 184) Effective January 1, 2016.)
  162. 36719.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

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    The city council may create separate benefit zones and set different assessments in them, including different business assessment categories and rates if assessments are levied on businesses.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36719. The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose different assessments within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose different assessments or rates of assessment on each category of business, or on each category of business within each zone. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  163. 36720.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

    Verify source ↗

    The city council may levy assessments on businesses, property owners, or both, and must structure them to match the distribution of benefits from the proposed improvements and activities.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36720. The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements and activities. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  164. 36721.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

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    The city council must use the district procedure when establishing, modifying, or disestablishing a benefit zone or category of business.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36721. All provisions of this part applicable to the establishment, modification, or disestablishment of a district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a district. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  165. 36722.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. )

    Verify source ↗

    If a district expires because of the time limit in Section 36713(h), a new management district plan may be created and a new district established.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 2. Formation [36710 - 36722] ( Chapter 2 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36722. If a district expires due to the time limit set pursuant to subdivision (h) of Section 36713, a new management district plan may be created and a new district established pursuant to this part. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  166. 36730.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. )

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    This section says the city council sets how and when assessments are collected, and delinquent payments must be charged interest and penalties.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36730. The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution establishing the management district plan described in Section 36713. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part shall be charged interest and penalties. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  167. 36731.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. )

    Verify source ↗

    Assessment amounts must be based on estimated benefit, and certain single-family residential or agricultural properties are not subject to assessment.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36731. (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties used for single-family residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  168. 36732.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. )

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    Challenges to an assessment’s validity must be brought within 30 days after the assessment resolution is adopted, and appeals from a final judgment must be perfected within 30 days after judgment entry.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36732. The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36717. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  169. 36733.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. )

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    The city council may execute baseline service contracts to set city service levels that continue after a district is formed.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36733. The city council may execute baseline service contracts that would establish levels of city services that would continue after a district has been formed. (Amended by Stats. 2005, Ch. 22, Sec. 191. Effective January 1, 2006.)
  170. 36734.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. )

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    The owners’ association may ask the city council to modify the management district plan at any time.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36734. The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  171. 36735.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. )

    Verify source ↗

    The city council may modify the management district plan or funded improvements after the required written request and public hearing steps, and it must adopt a resolution of intention before the hearing.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36735. (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36714. Notice of all other public meetings and public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public meeting. (2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public meeting, to each business owner or property owner affected by the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. (Amended by Stats. 2007, Ch. 114, Sec. 9. Effective January 1, 2008.)
  172. 36736.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. )

    Verify source ↗

    If a resolution is later modified, the change must be reflected in later notices and maps recorded under Division 4.5 in a way consistent with Section 36718.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36736. Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36718. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  173. 36737.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. )

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    The city council may authorize bond issuance for proposed improvements, and the related resolution must describe the improvements, estimated cost, installment schedule, and collection years.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 3. Assessments [36730 - 36737] ( Chapter 3 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36737. (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36716, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Improvement Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36716, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 20 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. (Amended by Stats. 2005, Ch. 22, Sec. 192. Effective January 1, 2006.)
  174. 36740.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. )

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    An owners’ association must follow the Brown Act during district meetings and follow the Public Records Act for documents about district activities.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36740. Notwithstanding any other provision of this part, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all documents relating to activities of the district. (Amended by Stats. 2021, Ch. 615, Sec. 421. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  175. 36741.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. )

    Verify source ↗

    The owners’ association must prepare and file an annual report, and the city council may approve or modify it, but not in a way that would impair certain contracts.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36741. (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the district or in any benefit zones or classification of property or businesses within the district. (2) The improvements and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements and the activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36734 and 36735. (d) The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  176. 36742.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. )

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    A management district plan may say an owners’ association will provide the planned improvements or activities; if it does, the city must contract with the designated nonprofit corporation to provide services.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36742. The management district plan may, but is not required to, state that an owners’ association will provide the improvements or activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  177. 36743.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. )

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    An expired district may be renewed under the chapter’s establishment procedures, and a renewed district may run for up to 10 years.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36743. (a) Any district previously established whose term has expired, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or the businesses in the prior district. If the renewed district does not include parcels or the businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  178. 36744.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. )

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    This section lets a city council disestablish a district in specified situations and sets notice and hearing steps for doing so.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36744. (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been a misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners of real property or of businesses in the area who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall give notice of the public hearing on the proposed disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the district. The notice of the hearing on the proposed disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  179. 36745.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. )

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    When a district is disestablished, remaining revenues must be refunded to affected property or business owners, and later-collected assessment revenue must be spent on plan-specified improvements and activities.

    ## Streets and Highways Code - SHC ## DIVISION 18. PARKING [31500 - 36745] ( Division 18 added by Stats. 1951, Ch. 463. ) ## PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS [36700 - 36745] ( Part 8 added by Stats. 2004, Ch. 526, Sec. 1. ) ## CHAPTER 4. Governance [36740 - 36745] ( Chapter 4 added by Stats. 2004, Ch. 526, Sec. 1. ) ## 36745. (a) Upon the disestablishment of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. (Added by Stats. 2004, Ch. 526, Sec. 1. Effective January 1, 2005.)
  180. 368.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 68 is defined, and the commission may relinquish part of it to the City of Pacific Grove or Monterey County if stated conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 368. (a) Route 68 is from: (1) Asilomar State Beach to Route 1. (2) Monterey to Route 101 in Salinas. (b) (1) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Pacific Grove or the County of Monterey the portion of Route 68 described in paragraph (1) of subdivision (a) located within the jurisdiction of the city or the unincorporated area of the county, respectively, if the department and the city or county enter into an agreement providing for that relinquishment. (2) A relinquishment under this subdivision shall become effective immediately following the county recorder’s recordation of the relinquishment resolution concerning the commission’s approval of the terms and conditions of the relinquishment. (3) On and after the effective date of the relinquishment, both of the following shall occur: (A) The portion of Route 68 relinquished under this subdivision shall cease to be a state highway. (B) The portion of Route 68 relinquished under this subdivision shall be ineligible for future adoption under Section 81. (4) The city or county shall ensure the continuity of traffic flow on the relinquished former portion of Route 68 within its jurisdiction, including, but not limited to, any traffic signal progression. (5) The city or county shall maintain signs on the relinquished former portion of Route 68 within its jurisdiction directing motorists to the continuation of Route 68. (Amended by Stats. 2013, Ch. 523, Sec. 11. (SB 788) Effective January 1, 2014.)
  181. 370.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 70 is defined as running between Route 99 near Catlett Road and Route 20 in Marysville, and then from Route 20 in Marysville to Route 395 near Hallelujah Junction via Quincy and Beckwourth Pass.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 370. Route 70 is from: (a) Route 99 near Catlett Road to Route 20 in Marysville. (b) Route 20 in Marysville to Route 395 near Hallelujah Junction via Quincy and Beckwourth Pass. (Amended by Stats. 1986, Ch. 928, Sec. 8.)
  182. 371.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 71 runs from Route 57 to Route 91 via Pomona and Chino Hills.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 371. Route 71 is from Route 57 to Route 91 via Pomona and Chino Hills. (Amended by Stats. 2010, Ch. 491, Sec. 19. (SB 1318) Effective January 1, 2011.)
  183. 372.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 72 runs from Route 39 to Route 605 in Whittier, but parts can stop being state highway if Route 90 is completed or if the commission relinquishes them.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 372. Route 72 is from Route 39 to Route 605 in Whittier, except as follows: (a) Route 72 shall cease to be a state highway when Route 90 freeway is completed from Route 5 to Route 39. (b) The relinquished former portions of Route 72 within the City of Montebello, the City of Pico Rivera, and the County of Los Angeles are not state highways and are not eligible for adoption under Section 81. For the relinquished former portions of Route 72, the Cities of Montebello and Pico Rivera and the County of Los Angeles shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 72. (c) The commission may relinquish to the City of Whittier and the County of Los Angeles the portion of Route 72 within their respective jurisdictional limits, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city and the county enter into an agreement providing for that relinquishment. (1) A relinquishment under this subdivision shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (2) On and after the effective date of the relinquishment, all of the following shall occur: (A) Any portion of Route 72 relinquished pursuant to this subdivision shall cease to be a state highway. (B) Any portion of Route 72 relinquished pursuant to this subdivision shall be ineligible for future adoption under Section 81. (C) For any portion of Route 72 relinquished pursuant to this subdivision, the City of Whittier and the County of Los Angeles shall maintain signs within their respective jurisdictional limits directing motorists to the continuation of Route 72. (Amended by Stats. 2019, Ch. 636, Sec. 4. (AB 1810) Effective January 1, 2020.)
  184. 373.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 73 runs from Route 5 near San Juan Capistrano to Route 405 via the San Joaquin Hills.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 373. Route 73 is from Route 5 near San Juan Capistrano to Route 405 via the San Joaquin Hills. (Amended by Stats. 2003, Ch. 525, Sec. 21. Effective January 1, 2004.)
  185. 374.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    This section describes Route 74’s route limits and lets the commission relinquish certain city portions of the route, with traffic-flow, signage, notice, maintenance, and indemnity requirements.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 374. (a) Route 74 is from: (1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore. (2) Route 215 near Perris to the southern city limit of Palm Desert. (b) The relinquished former portions of Route 74 within the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74, the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74. The Cities of Lake Elsinore, Palm Desert, and Perris shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression. (c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state. (2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards. (3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway. (4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance. (5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city. (6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commission’s approval of the terms and conditions of the relinquishment. (7) On and after the effective date of the relinquishment, both of the following shall occur: (A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway. (B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81. (8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression. (9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74. (d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment. (2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (3) On and after the effective date of the relinquishment, both of the following shall occur: (A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway. (B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81. (4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression. (5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74. (Amended by Stats. 2018, Ch. 198, Sec. 6. (AB 3246) Effective January 1, 2019.)
  186. 375.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 75 is defined and the commission may relinquish portions of it to local cities if specified conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 375. (a) Route 75 is from Route 5 to Route 5 via the Silver Strand and the San Diego-Coronado Toll Bridge. (b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish portions of Route 75, if the department and the applicable local agency enter into an agreement providing for that relinquishment, as follows: (1) To the City of Imperial Beach, the portions of Route 75 within its city limits. (2) To the City of San Diego, the portions of Route 75 within its city limits. (c) The following conditions apply upon relinquishment: (1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (2) On and after the effective date of the relinquishment, the relinquished portions of Route 75 shall cease to be a state highway. (3) The portions of Route 75 relinquished under subdivision (b) and this subdivision shall be ineligible for future adoption under Section 81. (4) The Cities of Imperial Beach and San Diego shall ensure the continuity of traffic flow on the relinquished portions of Route 75, including any traffic signal progression. (5) For the portions of Route 75 relinquished under subdivision (b) and this subdivision, the Cities of Imperial Beach and San Diego shall install and maintain, within their respective jurisdictions, signs directing motorists to the continuation of Route 75, to the extent deemed necessary by the department. (Amended by Stats. 2016, Ch. 398, Sec. 1. (AB 1500) Effective January 1, 2017.)
  187. 376.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 76 is defined between two highways, and the department must determine the cost of special highway signs and erect them if enough nonstate donations are received.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 376. (a) Route 76 is from Route 5 near Oceanside to Route 79 near Lake Henshaw. (b) (1) The following portions of Route 76 in the County of San Diego shall be known and designated as the “Payómkawish Highway”: (A) From Sengme Oaks Road, at postmile 41.572, to Rincon Rancho Road, at postmile R34.223. (B) From Pauma Reservation Road, at postmile 28.990, to Pankey Road, at postmile R17.87. (2) The department shall determine the cost of appropriate signs, consistent with the signing requirements for the state highway system, showing the special designation described in paragraph (1) and, upon receiving donations from nonstate sources sufficient to cover the cost, shall erect those signs. (Amended by Stats. 2025, Ch. 86, Sec. 2. (AB 1051) Effective January 1, 2026.)
  188. 377.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    This section describes the route segments that make up Route 77.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 377. Route 77 is from: (a) Route 880 near 42nd Avenue to a connection with Route 580 near High Street in Oakland. (b) Route 580 in Oakland to Route 24 near Lafayette. (Amended by Stats. 1984, Ch. 409, Sec. 35.)
  189. 378.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 78 is defined as running between specified highway points through Oceanside, Escondido, Ramona, Santa Ysabel, Julian, Brawley, and Blythe.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 378. Route 78 is from: (a) Route 5 near Oceanside to Route 15 near Escondido. (b) Route 15 near Escondido to Route 86 passing near Ramona, Santa Ysabel, and Julian. (c) Route 86 near Brawley to Route 10 near Blythe. The portion of the route described in subdivision (c) between the easterly junction of Route 115 and the Imperial-Riverside county line shall be known and designated as the “Ben Hulse Highway.” (Amended by Stats. 1976, Ch. 1354.)
  190. 379.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 79 is described by connected segments, and some local cities must maintain route-direction signs after parts of the route are relinquished.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 379. (a) Route 79 is from: (1) Route 8 near Descanso to Route 78 near Julian. (2) Route 78 near Santa Ysabel to the Temecula city limits east of Butterfield Stage Road. (3) Temecula city limits south of Murrieta Hot Springs Road to Route 74 near Hemet. (4) Route 74 near Hemet to the San Jacinto city limit near Menlo Avenue. (5) The San Jacinto city limit near Sanderson Avenue to Route 10 near Beaumont. (b) The relinquished former portions of Route 79 within the City of Temecula and the City of San Jacinto are not state highways and are not eligible for adoption under Section 81. For the relinquished former portions of Route 79, the City of Temecula and the City of San Jacinto shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 79. The City of Temecula shall ensure the continuity of traffic flow on the relinquished former portions of Route 79 within its jurisdiction, including any traffic signal progression. (c) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 79 that is located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city enter into an agreement providing for that relinquishment. (2) A relinquishment under this subdivision shall become effective immediately following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (3) On and after the effective date of the relinquishment, the relinquished portion of Route 79 shall cease to be a state highway. (4) The portion of Route 79 relinquished under this subdivision shall be ineligible for future adoption under Section 81. (5) For the portion of Route 79 that is relinquished under this subdivision, the City of Hemet shall maintain within its jurisdiction signs directing motorists to the continuation of Route 79. (Amended by Stats. 2010, Ch. 491, Sec. 22. (SB 1318) Effective January 1, 2011.)
  191. 380.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 80 is defined as running from Route 101 in San Francisco to Route 280 in San Francisco, then from Route 280 to the Nevada state line near Verdi, Nevada, with listed intermediate places.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 380. Route 80 is from: (a) Route 101 near Division Street in San Francisco to Route 280 near First Street in San Francisco. (b) Route 280 near First Street in San Francisco to the Nevada state line near Verdi, Nevada, passing near Oakland, via Albany, via Sacramento, passing near Roseville, via Auburn, via Emigrant Gap, via Truckee and via the Truckee River Canyon. (Amended by Stats. 1968, Ch. 282.)
  192. 380.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    This section requires the department to cooperate on ramp design, lets it accept land interests after a qualifying transfer, and bars this section from requiring state funding commitments.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 380.1. (a) The Legislature finds and declares the following: (1) It is in the interest of the well-being of the traveling public in the state to bring the ramps connecting Yerba Buena Island to the San Francisco-Oakland Bay Bridge under the ownership and control of the State of California, and to ensure the reconstruction of those ramps according to contemporary design standards. (2) It is in the best interest of the traveling public to begin work on the ramps as soon as possible in order to coordinate this work with the design and construction of the new east span of the San Francisco-Oakland Bay Bridge. (b) (1) The department shall work in cooperation with the authority on the design and engineering of replacement ramps connecting Yerba Buena Island to the San Francisco-Oakland Bay Bridge. (2) The department shall work in cooperation with the authority and the San Francisco County Transportation Authority to ensure that the design of the new ramps and the new eastern span of the San Francisco-Oakland Bay Bridge are compatible. (c) Upon the transfer of any portion of former Naval Station Treasure Island to the authority that includes the ramp connections on the eastern side of Yerba Buena Island connecting the island to the San Francisco-Oakland Bay Bridge, the department is authorized to accept from the authority title, easements, and other interests in land that may be necessary for the state to own and operate one or more of the ramps. (d) The transfer of a ramp from the authority to the state is contingent on all of the following: (1) A finding by the California Transportation Commission that the transfer is in the best interests of the state. (2) Approval by the California Transportation Commission of the terms and conditions of the transfer agreement entered into between the authority and the department. (3) Completion of work on the ramp, in accordance with current seismic, engineering, and safety design standards as approved by the department, prior to the transfer. (e) In accordance with state requirements, a project study report on the reconstruction of the ramps shall be finalized on or before December 31, 2008. The San Francisco County Transportation Authority shall be the lead agency for the development of the project study report and it shall work in coordination with the authority, the Mayor of the City of San Francisco, and the Bay Area Toll Authority. (f) Nothing in this section shall require a commitment of state funding from (1) the State Highway Account or (2) toll revenues or other sources of funding under the jurisdiction of the Toll Bridge Program Oversight Committee established pursuant to Section 30952.1. This does not preclude a local entity from seeking any available funds for the reconstruction of the ramps, including state funds available to the local entity. (g) For purposes of this section, “authority” means the Treasure Island Development Authority, a nonprofit public benefit corporation established by the legislative body of the City and County of San Francisco and the Treasure Island Conversion Act of 1997 (Chapter 898 of the Statutes of 1997). (Added by Stats. 2007, Ch. 637, Sec. 1. Effective January 1, 2008.)
  193. 380.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    The department may pay each year the added maintenance and operation costs for San Pablo Avenue to the county and specified cities because detoured traffic will increase there.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 380.3. There will be increased motor vehicle traffic on San Pablo Avenue in the County of Contra Costa and the Cities of El Cerrito, Richmond, San Pablo, Pinole, and Hercules because traffic will be detoured onto San Pablo Avenue during construction work on State Route 80 to convert the existing shoulder to additional traffic lanes. Because of the increased traffic caused by the detour, the department may pay annually to that county and each of those cities the added costs of maintenance and operation of San Pablo Avenue. This section shall remain in effect only until the department certifies to the Secretary of State that construction is complete on the project on State Route 80 in Contra Costa County to convert the existing shoulder to additional traffic lanes, and as of the date of that certification is repealed. (Added by Stats. 1989, Ch. 1164, Sec. 1. Effective September 30, 1989. Repealed as of date prescribed by its own provisions.)
  194. 380.4.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    The department may pay annual costs to the County of Contra Costa and specified cities for San Pablo Avenue during construction, but the total yearly amount cannot exceed $75,000 as adjusted for inflation.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 380.4. (a) The Legislature finds and declares that there will be increased traffic on San Pablo Avenue in the Cities of Richmond, San Pablo, Pinole, Hercules, and El Cerrito, and other portions of San Pablo Avenue in the County of Contra Costa by motor vehicles detoured because of construction work on Route 80 in Contra Costa County. (b) It is the intent of the Legislature in enacting this section that the state share in the cost of maintaining and operating San Pablo Avenue to the extent that it is used as an alternative to Route 80 during construction. It is the further intent of the Legislature that the department pay up to the amount authorized in this section to the County of Contra Costa and to each city specified in subdivision (a). (c) During the period of construction, the department may pay annually to the County of Contra Costa and to each of the cities specified in subdivision (a) for the added costs of maintenance and operation of San Pablo Avenue. The total obligation of the department for this purpose shall not exceed seventy-five thousand dollars ($75,000) per year, adjusted for inflation, as reflected by a change in a national or regional index that measures the rate of inflation, as determined by the department. (d) This section shall remain in effect only until the commission certifies to the Secretary of State that construction is complete on the project on Route 80 in Contra Costa County to convert the existing shoulder to additional traffic lanes, and as of the date of that certification is repealed. (Added by Stats. 1989, Ch. 1009, Sec. 1. Repealed as of date prescribed by its own provisions.)
  195. 381.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 81 runs from Route 215 east of Riverside to Route 15 south of Devore.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 381. Route 81 is from Route 215 east of Riverside to Route 15 south of Devore. (Amended by Stats. 1982, Ch. 681, Sec. 65.3.)
  196. 382.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 82 runs from Route 880 in San Jose to Route 280 in San Francisco. The City of San Jose must maintain signs and traffic flow on the relinquished former portion of Route 82, and it may apply to the department for approval of a business route designation.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 382. (a) Route 82 is from Route 880 in San Jose to Route 280 in San Francisco. (b) The relinquished former portion of Route 82 within the City of San Jose is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 82, the City of San Jose shall maintain within its jurisdiction signs directing motorists to the continuation of Route 82 and shall ensure the continuity of traffic flow on the relinquished former portion of Route 82, including any traffic signal progression. The city may apply to the department for approval of a business route designation in accordance with Chapter 20, Topic 21, of the Highway Design Manual. (Amended by Stats. 2013, Ch. 523, Sec. 13. (SB 788) Effective January 1, 2014.)
  197. 383.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 83 runs from Route 71 to Route 10 near Upland, and parts of it may be relinquished to Ontario or Chino under stated conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 383. (a) Route 83 is from Route 71 to Route 10 near the City of Upland. (b) The relinquished former portion of Route 83 within the City of Upland is not a state highway. For the relinquished former portion of Route 83, the City of Upland shall ensure the continuity of traffic flow, including any traffic signal progression, and maintain signs directing motorists to the continuation of Route 83. (c) (1) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Ontario all or a portion of Route 83 within its jurisdiction, if the department and the city enter into an agreement providing for that relinquishment. (2) The following conditions apply upon relinquishment: (A) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (B) On and after the effective date of the relinquishment, the relinquished portion of Route 83 shall cease to be a state highway. (d) (1) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Chino all or a portion of Route 83 within its jurisdiction, if the department and the city enter into an agreement providing for that relinquishment. (2) The following conditions apply upon relinquishment: (A) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (B) On and after the effective date of the relinquishment, the relinquished portion of Route 83 shall cease to be a state highway. (e) The entirety of Route 83 relinquished under this section is ineligible for future adoption under Section 81. (Amended by Stats. 2023, Ch. 516, Sec. 1. (AB 250) Effective January 1, 2024.)
  198. 384.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    This section describes Route 84’s route segments and sets rules for relinquished portions, including when a relinquishment becomes effective and who must keep signs up afterward.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 384. (a) Route 84 is from: (1) Route 1 near San Gregorio to Route 101 at Woodside Road in Redwood City. (2) Route 101 at Marsh Road in Menlo Park to Route 880. (3) Route 880 to Route 238. (4) Route 238 to Route 680 near Scotts Corners via the vicinity of Sunol. (5) Route 680 near Scotts Corners to Route 580 in Livermore. (6) Route 580 in Livermore to Route 4 near Brentwood. (7) Route 12 at Rio Vista to the southerly city limit of the City of West Sacramento. (b) The relinquished former portion of Route 84 within the City of West Sacramento is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 84, the City of West Sacramento shall maintain signs within its jurisdictions directing motorists to the continuation of Route 84. (c) (1) The commission may relinquish to the City of Fremont the portion of Route 84 within its city limits between Route 880, approximately postmile 6.922, and Route 238 Mission Boulevard, approximately postmile 10.83, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city enter into an agreement providing for that relinquishment. (2) A relinquishment under this subdivision shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (3) On and after the effective date of the relinquishment, all of the following shall occur: (A) The relinquished portion of Route 84 shall cease to be a state highway. (B) The relinquished portion of Route 84 shall be ineligible for future adoption under Section 81. (C) For the relinquished portion of Route 84, the City of Fremont shall maintain signs within its jurisdiction directing motorists to the continuation of Route 84. (Amended by Stats. 2019, Ch. 497, Sec. 264. (AB 991) Effective January 1, 2020.)
  199. 384.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Including Route 84 in the state scenic highway system does not forbid using railroad rights-of-way in that scenic corridor for transportation.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 384.1. The inclusion of Route 84 from Route 238 to Route 680 near Sunol in the state scenic highway system pursuant to Section 263.5 does not prohibit the use of railroad rights-of-way located in that scenic corridor for transportation purposes. (Added by Stats. 1992, Ch. 427, Sec. 163. Effective January 1, 1993.)
  200. 385.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 85 runs from Route 101 near Bernal Road in San Jose to Route 101 near Moffett Boulevard in Mountain View.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 385. Route 85 is from Route 101 near Bernal Road in San Jose to Route 101 near Moffett Boulevard in Mountain View. (Amended by Stats. 1988, Ch. 106, Sec. 22. Effective May 13, 1988. Operative January 1, 1989, by Sec. 31 of Ch. 106.)

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