Section § 36710

Explanation

This section allows for the creation of multifamily improvement districts under specific rules. However, cities cannot establish these districts after January 1, 2022, unless a new law changes or extends that deadline.

(a)CA Streets And Highways Code § 36710(a) A multifamily improvement district may be established pursuant to this chapter.
(b)CA Streets And Highways Code § 36710(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.

Section § 36711

Explanation

This law states that a county can't create a district inside a city without getting permission from that city's governing council. Similarly, a city can't establish a district in the unincorporated areas of a county without approval from the county's board of supervisors. Lastly, one city can't create a district inside another city without consent from that city's council.

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.

Section § 36712

Explanation

This law outlines the process for establishing a special district within a city. If property or business owners, who will bear the cost, agree to pay more than two-thirds of the proposed assessment, they can submit a petition to the city council. The petition must include a map of the district, a description of activities and improvements, and how it will be financed, including any bond issues.

The city council can then pass a resolution to consider forming the district. This resolution must briefly describe the proposed improvements, the assessment details, and whether the assessment targets properties or businesses. It shall have enough information for an owner to understand what is involved and where the district will be. Additionally, it orders the creation of a management plan by a professional engineer.

(a)CA Streets And Highways Code § 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)CA Streets And Highways Code § 36712(b) The petition of the property owners or the business owners required pursuant to subdivision (a) shall include all of the following:
(1)CA Streets And Highways Code § 36712(b)(1) A map showing the general boundaries of the proposed district.
(2)CA Streets And Highways Code § 36712(b)(2) A general description of the proposed activities and improvements to be carried out by the district.
(3)CA Streets And Highways Code § 36712(b)(3) A general description of how the proposed district will be financed, and whether bonds are proposed to be issued.
(c)CA Streets And Highways Code § 36712(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1)CA Streets And Highways Code § 36712(c)(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)CA Streets And Highways Code § 36712(c)(2) Order the preparation of a management district plan by a registered professional engineer certified by the state.

Section § 36713

Explanation

This section outlines what a management district plan must include. The plan needs to have a detailed map showing property and business locations, along with the district's name. It must describe district boundaries without overlapping existing districts and detail improvements, activities, and their costs for each operational year. It specifies the total annual expenditure on district improvements, maintenance, operations, and debt service. The plan should outline the financing sources, assessment methods, and whether bonds will be issued. Additionally, it explains how assessments will be collected and their duration, which can't exceed five years unless renewed for up to ten years, or twenty if financed by bonds. The plan must also include implementation timelines, rules, a list of assessed properties or businesses, and any specific requirements set by the city council.

The management district plan shall contain all of the following:
(a)CA Streets And Highways Code § 36713(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)CA Streets And Highways Code § 36713(b) The name of the proposed district.
(c)CA Streets And Highways Code § 36713(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)CA Streets And Highways Code § 36713(d) The improvements and activities proposed for each year of operation of the district and the maximum cost thereof.
(e)CA Streets And Highways Code § 36713(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)CA Streets And Highways Code § 36713(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)CA Streets And Highways Code § 36713(g) The time and manner of collecting the assessments.
(h)CA Streets And Highways Code § 36713(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)CA Streets And Highways Code § 36713(i) The proposed time for implementation and completion of the management district plan.
(j)CA Streets And Highways Code § 36713(j) Any proposed rules and regulations to be applicable to the district.
(k)CA Streets And Highways Code § 36713(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)CA Streets And Highways Code § 36713(l) Any other item or matter required to be incorporated therein by the city council.

Section § 36714

Explanation

This law outlines the procedures a city council must follow when proposing new or increased assessments on property or businesses. For property assessments, if more than one-third of the votes on the assessment are against it, the city cannot proceed with the assessment. These votes are weighted based on the amount of assessment each property is subject to. For business assessments, the city must notify the business owners directly about the proposed assessment.

(a)CA Streets And Highways Code § 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)CA Streets And Highways Code § 36714(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.

Section § 36715

Explanation

After a public hearing about creating a district, a city council can decide on assessments and changes to improvements funded by those assessments. They can only lower assessments and adjust district boundaries to exclude unbenefited areas. Changes must be documented in the notice and map as per Section 36718.

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.

Section § 36716

Explanation

This law section outlines the steps a city council in California needs to take to establish a new district after a public hearing. If they decide to go ahead, they must adopt a 'resolution of formation' that includes a description of proposed activities and improvements, the boundary of the district, and how assessments will be levied on properties or businesses. The resolution should also cover whether any protests were noted.

If more than a third of submitted ballots protest the assessments, the district can't be established. It also states that the district’s properties or businesses will be subject to amendments, and the assessed funds can only be used for specified purposes within the district. The adoption also finalizes the levy of assessment for fiscal years as per the district plan.

(a)CA Streets And Highways Code § 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)CA Streets And Highways Code § 36716(a)(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)CA Streets And Highways Code § 36716(a)(2) The number, date of adoption, and title of the resolution of intention.
(3)CA Streets And Highways Code § 36716(a)(3) The time and place where the public hearing was held concerning the establishment of the district.
(4)CA Streets And Highways Code § 36716(a)(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)CA Streets And Highways Code § 36716(a)(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)CA Streets And Highways Code § 36716(a)(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)CA Streets And Highways Code § 36716(a)(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)CA Streets And Highways Code § 36716(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.

Section § 36717

Explanation

After a public hearing, if a city council wants to create a new district and hasn't made major changes to the assessment plan, they must pass a resolution to set up that district. This resolution should include specific details listed in another related section but doesn't need to mention any preliminary resolution if it wasn't previously made.

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.

Section § 36718

Explanation

Once a special district is created under Sections 36716 or 36717, an official notice and map need to be recorded by the clerk. If the district's fees apply specifically to businesses, the notice must say so. Other unrelated rules from Division 4.5 do not apply to these districts.

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.

Section § 36719

Explanation

The city council has the power to create special areas, called benefit zones, within a district. Each zone is set up based on how much the area will benefit from local improvements or activities. The council can charge different fees in each zone.

If the fees are charged to businesses, the council can also categorize businesses based on how much they benefit. Different businesses, even within the same zone, might have different fees based on this categorization.

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.

Section § 36720

Explanation

This law allows a city council to impose fees, called assessments, on businesses or property owners, or both. The purpose is to fund local improvements and activities. The council decides how these fees are divided, based on who benefits the most from the improvements.

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.

Section § 36721

Explanation

This section explains that any rules or procedures that apply to creating, changing, or getting rid of a district also apply to benefit zones or business categories. To make changes to these zones or categories, the city council must follow the same steps required for districts.

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.

Section § 36722

Explanation

If a management district reaches its expiration date, as specified by certain rules, it's possible to create a new plan and establish a new district under the guidelines of this section.

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.