Chapter 12.36


12.36.010    Establishment.

12.36.020    Boundaries.

12.36.030    Assessment—Imposed.

12.36.040    Assessment—Amount.

12.36.050    Assessment—Use of revenues.

12.36.060    Assessment—Collection.

12.36.070    Findings and determinations.

12.36.080    Council’s authority to enter into annual agreements for revenue expenditures.

12.36.090    Exemptions—Contributions from exempt persons welcome.

12.36.010 Establishment.

There is hereby created and established the downtown parking and business improvement area. (Ord. 1516 § 2 (part), 2008)

12.36.020 Boundaries.

The boundaries of the area are generally shown on Exhibit A map attached to the ordinance codified in this chapter and on file in the office of the city clerk, and are more specifically described as follows:

From Santa Rosa Street along Palm Street to Broad Street, Broad to Monterey, Monterey to Nipomo, Nipomo to San Luis Creek, San Luis Creek to a point where Beach Street would intersect, from this intersection point to Beach and Marsh, Marsh to Nipomo, Nipomo to Pacific, Pacific to Santa Rosa, Santa Rosa to Palm.

The area shall include the businesses fronting on both sides of the boundary streets listed in the preceding paragraph, and at all four corners of the intersections of the boundary streets listed in the preceding paragraph, except that it shall not include the northwesterly corner of Monterey and Nipomo Streets. (Ord. 1516 § 2 (part), 2008)

12.36.030 Assessment—Imposed.

Each and every business in the downtown parking and business improvement area shall be subject to, and shall pay an assessment to support the activities of the area, except as otherwise provided in Section 12.36.090. (Ord. 1516 § 2 (part), 2008)

12.36.040 Assessment—Amount.

The amount of assessment to be paid by each business annually shall be one hundred and ten percent of the business tax levied upon the business by the city except that the minimum annual assessment shall be one hundred and fifty dollars. (Ord. 1516 § 2 (part), 2008)

12.36.050 Assessment—Use of revenues.

The only uses for which the assessment revenue from the area shall be expended are:

A. Acquisition, construction or maintenance of parking facilities for the benefit of the area; provided, that the facilities shall not impair the city’s ability to produce revenues for the payment of parking district No. 1 obligations;

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 approved music in any public place in the area;

E. General promotion of retail trade activities in the area. (Ord. 1516 § 2 (part), 2008)

12.36.060 Assessment—Collection.

The collection of assessments imposed in this chapter shall be made at the same time and in the same manner as the city’s business tax. (Ord. 1516 § 2 (part), 2008)

12.36.070 Findings and determinations.

This council finds and determines that parking and other needs are so general in the downtown section of the city, and that the size of the area is so small, that each business in the area will benefit from expenditures of assessment revenues substantially in proportion to the amount of business taxes paid (Streets and Highways Code Section 36062). (Ord. 1516 § 2 (part), 2008)

12.36.080 Council’s authority to enter into annual agreements for revenue expenditures.

The council shall have authority to enter into annual agreements with nonprofit business promotional groups or organizations serving the area, which authorize the groups or organizations to expend area revenues in accordance with city budgetary and accounting procedures. (Ord. 1516 § 2 (part), 2008)

12.36.090 Exemptions—Contributions from exempt persons welcome.

Any business, person or institution in the area that is exempt from the payment of the business tax of the city by reason of the provisions of the United States or California State Constitutions is not to be assessed, but may make a voluntary contribution to the city to be expended only for authorized expenditures of the area. (Ord. 1516 § 2 (part), 2008)