This chapter provides an alternative procedure for authorizing assessments pursuant to this division. It is not intended to alter or restrict authority to authorize assessments pursuant to other provisions of this division in any way. This chapter does not apply to proceedings to finance public facilities unless 80 percent or more of the district is developed for residential, commercial, or industrial use at the time that proceedings are commenced. This chapter shall not be used for the acquisition of existing works, appliances, or property except insofar as the acquisition is incidental to a proposed improvement not already installed.
Chapter 4.7Alternative Procedure for Authorizing Assessments
Section § 10360
This law introduces a different way to approve assessments, which are charges or taxes, but it doesn't change any existing methods of doing so. It mainly applies when over 80% of an area is already developed for residential, commercial, or industrial use. This chapter cannot be used for taking over current properties unless it's necessary for a new improvement that isn't already in place.
alternative procedure assessments authority public facilities development threshold residential use commercial use industrial use proceedings incidental acquisition proposed improvement existing works charges taxes district development
Section § 10362
This section states that all the rules and guidelines from a larger set of laws apply to situations covered by this chapter, unless the chapter specifically lays out different instructions.
All provisions of this division shall apply to proceedings pursuant to this chapter, except as expressly provided in this chapter.
provisions proceedings exceptions apply chapter-specific rules guidelines regulations expressly provided division law application procedural rules law implementation specific instructions statutory application interpretation of laws
Section § 10364
This section outlines the requirements for a report necessary for moving forward with a specific type of public improvement project. Instead of the details typically required, the report should include a basic description of the project and any existing installations that will be part of it. It should also estimate costs for the project and any related acquisitions, like land or right-of-way. The report must include any private utility damages if applicable and a cost estimate for maintenance or repair assessments for the first five years. Additionally, the report should contain a diagram of the affected district, highlighting property boundaries and assigning numbers to subdivisions. Finally, it should propose how the project costs will be divided among properties based on the benefits they receive, while factoring in any municipal contributions.
For purposes of proceeding under this chapter, the report prepared pursuant to Section 10204 shall contain the following elements instead of those specified in Section 10204:
(a)CA Streets and Highways Code § 10364(a) A general description of the proposed project. Detailed plans and specifications need not be included in the report.
(b)CA Streets and Highways Code § 10364(b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the work, appliance, or property is to be acquired as part of the improvement. Acquisitions are subject to the limitation specified in Section 10360.
(c)CA Streets and Highways Code § 10364(c) An estimate of the costs of the improvement and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvement. If the legislative body, in the resolution of intention, ordered that private utility damages be included in the assessment, the report shall contain an estimate of private utility damages. In addition to the estimate of the likely cost of the project, the report shall state a maximum cost of the project and any private utility damages. If the legislative body, in the resolution of intention, declared its intention to levy an assessment for the maintenance, repair, or improvement of the work, system, or facility, the report shall contain an estimate of the amount of this assessment for each of the first five years during which the assessment would be levied.
(d)CA Streets and Highways Code § 10364(d) A diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the district as they existed at the time of the passage of the resolution of intent. Each subdivision, including each separate condominium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram.
(e)CA Streets and Highways Code § 10364(e) A proposed assessment of a percentage share of the cost and expense of the proposed improvement upon each subdivision of real property in the district in proportion to the estimated benefits to be received by those subdivisions, respectively, from the improvement. The amount of the proposed assessment against each subdivision of real property, assuming the improvement costs and expenses are the amount estimated in subdivision (c) and assuming the project costs and expenses are the maximum amount stated in subdivision (c). When any portion or percentage of the cost and expenses of the improvement is ordered to be paid out of the treasury of the municipality, pursuant to Section 10201, the amount of that portion or percentage shall first be deducted from the total estimated costs and expenses of the improvement and from the maximum costs and expenses of the project, and the assessment upon property proposed in the report shall include only the remainder of the estimated costs and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (d).
proposed project description existing installations cost estimate private utility damages maintenance assessment district diagram property boundaries subdivision numbers cost allocation municipal contribution public improvement acquisition costs right-of-way incidental expenses benefit assessment
Section § 10366
This section outlines what needs to be included in a notice for hearings related to certain improvements. The notice must specify when and where the hearing is, its purpose, the total estimated and maximum costs of the improvement, and the assessed costs for each parcel involved. It must also inform that anyone can protest in writing. If there's a proposal for new or increased assessments, the legislative body must follow specific procedures for notice, protest, and hearing, as detailed in another section of the Government Code.
(a)CA Streets and Highways Code § 10366(a) For purposes of proceeding under this chapter, the notice shall contain the following elements:
(1)CA Streets and Highways Code § 10366(a)(1) A statement of the time, place, and purpose of the hearing on the resolution of intention and report.
(2)CA Streets and Highways Code § 10366(a)(2) A statement of the total estimated cost of the proposed improvement and of the maximum cost of the improvement.
(3)CA Streets and Highways Code § 10366(a)(3) The estimated and maximum amounts, as shown by the report, to be assessed against the particular parcel covered by the notice.
(4)CA Streets and Highways Code § 10366(a)(4) A statement that any person interested may file a protest in writing as provided in this division.
(b)CA Streets and Highways Code § 10366(b) If new, increased, or extended assessments are proposed, the legislative body shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
notice requirements hearing details improvement costs parcel assessment written protest new assessments increased assessments extended assessments legislative body procedures Government Code Section 53753 public hearing resolution of intention report elements protest procedures assessment proposal
Section § 10368
This law changes the usual process for confirming a financial assessment associated with public improvements. When a proposal for a project cost is reviewed and approved, the local government must finalize the assessment amount based on completed plan designs and contracts. They set the assessment amount so it doesn't go over the maximum previously reported. If the assessment is higher than expected, they must explain why. The final resolution of the assessment is not open to further changes, and this amount will be charged to property owners in the area benefiting from the improvement.
For purposes of proceeding under this chapter, the assessment shall be confirmed as follows instead of the procedure specified in Section 10312.
When upon the hearing the proposal to assess is confirmed as filed, modified, or corrected by resolution, the legislative body shall order the proposed improvement to be made and declare its action upon the report and assessment. After design work and plans and specifications have been completed, and after contracts have been let pursuant to Section 10501, the legislative body shall, by resolution, fix the amount of the assessment, which shall be equal to or less than the maximum assessment stated in the report prepared pursuant to Section 10364, as filed, modified, or corrected. If the amount of the assessment is more than the estimated cost of the project stated in the report prepared pursuant to Section 10364, as filed, modified, or corrected, the legislative body shall include, within the resolution fixing the amount of the assessment, an explanation for the increase over the estimated cost of the project. In no case shall the amount of the assessment exceed the maximum assessment stated in the report, as filed, modified, or corrected. Resolutions adopted pursuant to this section shall be final as to all persons, and the assessment fixed shall be thereby levied upon the respective subdivisions of land in the assessment district.
public improvement assessment local government legislative body resolution maximum assessment limit assessment confirmation project cost estimation assessment increase explanation plan designs contract completion property owner charge improvement project report assessment district cost estimate assessment levy final resolution
