Streets and Highways Code, 1935

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.

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.

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.

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.

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

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

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.

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

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.

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.

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.

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

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

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

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.

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.

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.

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.

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.

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.

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.

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

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

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

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

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.

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

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

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

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.

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

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

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

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.

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.

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.

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

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

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

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.

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

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.

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.

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.

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

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.

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

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.

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

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.

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

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

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

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.

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.

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

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

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

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

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

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

This section defines “city council” for this part.

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

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

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

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

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.

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

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

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

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

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.

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

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).

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

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.

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.

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.

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

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

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.

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.

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

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.

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.

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.

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

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.

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

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

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

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

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

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.

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.

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

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

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.

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.

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

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.

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

“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.

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

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

This section defines “city council” for this part.

“Clerk” means the clerk of the legislative body.

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

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

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

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.

“Property” means real property located within a district.

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

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

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

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

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.

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

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

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

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

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

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

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

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.

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.

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.

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

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).

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

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.

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

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.

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

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.

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

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.

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.

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

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

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.

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.

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

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.

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.

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