Chapter 3.28 — PARKING AND BUSINESS IMPROVEMENT AREA TAX

There is created and established a parking and business improvement area to be known and designated as the "Arroyo Grande City Parking and Business Improvement Area," sometimes referred to in this chapter as "area" for brevity and convenience.

(Prior code § 3-5.01)

The provisions of this chapter are adopted pursuant to the authority of the Parking and Business Improvement Area Law of 1965, being Sections 36.000 et seq. of the Streets and Highways Code of the state. For purposes of graphic illustration, the boundaries of the area are shown on that certain map entitled "Arroyo Grande Downtown Parking and Business Improvement Area" on file in the office of the city clerk.

(Prior code § 3-5.02)

A description of the Arroyo Grande City parking and business improvement area is as follows:

In the City of Arroyo Grande, County of San Luis Obispo, State of California, beginning at a point on the northerly line of Branch Street, said point being 250 feet west of the northwest corner of Branch and Nevada Street; thence northerly 209 feet, more or less; thence easterly 250 feet, more or less, to the west line of Nevada Street; thence across Nevada Street and easterly to the west line of Lot 11 of the Buena Vista Tract; thence southerly to the north line of the property known as the Car Corral Parking Lot; thence easterly along the northerly line of the Car Corral Parking Lot and Pedestrian Mall to the east line of the Buena Vista Tract; thence northerly, easterly, and northerly along the east line of the Buena Vista Tract to the southerly line of Le Point Street; thence easterly along the southerly line of Le Point Street to the northwest corner of Lot E of Swall's Resubdivision; thence southerly along the west line of Lot E and D of Swall's Resubdivision to the northwest corner of Lot E and D of Swall's Resubdivision to the northwest corner of Lot C; thence easterly along the northerly line of Lot C to the west line of Mason Street; thence southerly along said center line of Mason Street to its intersection with the westerly prolongation of the north line of Harden Street; thence in a more or less direct line easterly following property lines to the west line of the Pacific Coast Railroad right-of-way; thence northerly along said west line of the Pacific Coast Railroad right-of-way to the southerly line of Le Point Street; thence easterly along the southerly line of Le Point Street to the west line of Crown Terrace; thence southerly along the west line of Crown Terrace; thence southerly along the west line of Crown Terrace and its southerly prolongation thereof to the center line of Crown Street; thence westerly along the center line of Crown Street and Branch Street to its intersection with the northerly prolongation of the center line of abandoned Whiteley Street; thence southerly 210 feet to a point; thence in a westerly direction following property lines across Block 7 of the Short, Mason and Whiteley Addition, across Mason Street, across Block 6 of the Short, Mason and Whiteley Addition, across Short Street, and along the southerly line of Lot 4, Block 1 of the Short, Mason and Whiteley Addition; thence northerly along the west line of said Lot 4, 60 feet more or less to a point; thence westerly 358 feet more or less to the center line of Bridge Street; thence northerly along said center line to its intersection with the easterly prolongation of the southerly line of Lot 10 of the Nevada Tract; thence westerly 212 feet more or less to a point; thence northerly along property lines and across Branch Street to the point of beginning.

(Prior code § 3-5.03)

All businesses within the boundaries of the area, not exempt by law, shall be subject to the provisions of the additional tax imposed by the provisions of this chapter.

(Prior code § 3-5.04)

An additional levy of business license taxes on businesses conducting their activities in the area, which taxes shall be in addition to the regular business license taxes imposed upon such businesses by the provisions of Chapters 5.04 and 5.08 is imposed with assessment charges as follows:

A.

For business license taxes of twenty dollars ($20.00) or less per year, an assessment charge of one hundred twenty dollars ($120.00) per year (minimum assessment charge);

B.

For business license taxes from twenty-one dollars ($21.00) to forty dollars ($40.00) per years an assessment charge of one hundred thirty-two dollars ($132.00) per year;

C.

For business license taxes from forty-one dollars ($41.00) to sixty dollars ($60.00) per year, an assessment charge of one hundred forty-four dollars ($144.00) per year;

D.

For business license taxes from sixty-one dollars ($61.00) to eighty dollars ($80.00) per year, an assessment charge of one hundred fifty-six dollars ($156.00) per year; and

E.

For business license taxes from eighty-one dollars ($81.00) dollars to one hundred dollars ($100.00) per year, an assessment charge of one hundred sixty-eight dollars ($168.00) per year (maximum assessment charge).

Any business located within the area, which business is not licensed by the provisions of Chapters 5.04 and 5.08, shall be assessed and shall pay the minimum assessment charge of one hundred twenty dollars ($120.00) per year.

(Prior code § 3-5.05)

The collection of the additional levy of license taxes imposed by this chapter shall be made at the same time and in the same manner as the regular business license taxes of the city pursuant to the provisions of Chapter 5.04 and 5.08, and such taxes shall be due and payable and subject to the penalties provided in said chapters.

(Prior code § 3-5.06)

Any business, person or institution which is exempt from the payment of the regular business license tax of the city by reason of the provisions of Chapters 5.04 or 5.08 or the United States or State Constitutions, or which does not have a fixed place of business within the area, shall not be taxed under this chapter but may make a voluntary contribution to the city. Such contribution shall be used for the purposes set forth in Section 3.28.080.

(Prior code § 3-5.07)

The uses to which the proceeds from the additional tax revenue realized from the additional levy of license taxes imposed by this chapter shall be put are:

A.

The acquisition, construction and maintenance of parking facilities for the benefit of the area;

B.

The decoration of any public place in the area; and

C.

The development of property for off-street parking within the area, including landscaping, roadways and signs incidental to such parking areas.

(Prior code § 3-5.08)

A.

For the purpose of advising the council and making recommendations as to how the revenue derived from the additional levy of license taxes imposed by this chapter shall be used within the scope of the purposes set forth in Section 3.28.080, and to have and perform such other powers and duties as the council may determine, there shall be created a downtown parking advisory board consisting of five members to be appointed by the council and to serve at its pleasure and without compensation, such members to be persons who have businesses within the area and pay an additional levy of license taxes as provided for by this chapter. Appointments for the board and the filling of vacancies shall be made in the manner provided by resolution of the council. Vacancies shall be filled for unexpired terms only. The council may annually approve a budget to include an estimate of the expenditures to be made to carry out the purposes of the area.

B.

The members of the downtown parking advisory board shall serve for a term as specified by resolution of the council.

C.

The city council shall adopt bylaws governing the membership and operations of the advisory board.

(Prior code § 3-5.09)

(Ord. No. 2025-005, § 5, 4-22-2025)