Sonora Municipal Code § 3.36 Parking and Business Improvement Area

The proceedings in this chapter are taken pursuant to the authority of the "Parking and Business Improvement Area Act of 1979," being Section 36500 et seq. of the Streets and Highways Code of the state.

(Ord. 577 § 2, 1983.)

There is created and established a parking and business improvement area designated as "Parking and Business Improvement Area of the City of Sonora," for the purpose of financing, maintenance, property acquisition and construction of public parking, and for the improvement of the business district. Revenues produced by the parking and business improvement area shall be used for programs which benefit the business district, maintenance, and improvement of existing parking facilities, and land acquisition and construction of new parking facilities, within the city.

(Ord. 577 § 5, 1983.)

"Area" or "parking and business improvement area," as used in this chapter, means all commercially used property, including offices, which are located in the city.

"Assessment" means a levy for the purpose of obtaining funds to construct physical improvements which will benefit a parking and business improvement area.

"Benefit zone" means a described portion of the area receiving different benefits of the parking and business improvement area with respect to the other portions of the area.

"Business" means all types of businesses, including professions, which conduct business within the city limits.

"Charge" means a levy for the purpose of providing services and for programs which will benefit a parking and business improvement area.

"Employee," as used in this chapter, means any person who is issued a W2 (Wage and Tax Statement); by a California Board of Equalization license holder who is doing business in the city limits of Sonora. If an individual holds their own California Board of Equalization license, they shall not be considered an employee of any other license holder.

"Reportable employee" means the number of employees who are given a W2, not the equivalent number of full-time employees.

"Nonprimary" means a business license holder who conducts business under the same roof as other businesses, but is not responsible for reporting a benefit zone charge as defined in Section 3.36.120(E).

"Primary" means the business license holder who conducts business under the same roof as other businesses, and is responsible for reporting the benefit zone charge for all business located under the same roof, as defined in Section 3.36.120(E).

(Ord. 660 (part), 1990; Ord. 603 § 1, 1985; Ord. 577 § 6, 1983.)

The exterior boundaries of said parking and business improvement area of the city shall be the boundary of the City of Sonora, as it now exists, or as it may be amended in the future by annexation or detachment. Within the area are established two benefit zones described as follows:

A. Benefit Zone A. Downtown City of Sonora area as defined in Attachment A to the ordinance codified in this chapter.

B. Benefit Zone B. All area within the city limits of Sonora, not included in Benefit Zone A. Zone B shall also include those businesses whose principal place of business is located outside the city limits, but who are doing business within the city limits.

(Ord. 660 (part), 1990: Ord. 577 § 7, 1983.)

Unless otherwise modified under the procedures of this chapter, charges for general improvement of business activities and for maintenance and improvement of parking facilities to each business shall be as follows:

Zone A

(Ord. 660 (part), 1990: Ord. 577 § 9, 1983.)

Each benefit zone shall be accounted for separately. Revenues in excess of expenditures for maintaining off-street public parking, administration or programs which benefit the particular zone shall be accrued in a parking and business improvement fund for each benefit zone. These funds may be used at the discretion of the city for capital improvements to parking and other programs which benefit the particular zone.

When boundaries for zones are modified by the city or new zones are created, reasonable transfers of accounts may be made between the affected zones.

(Ord. 577 § 10, 1983.)

Assessments to businesses may be established for each benefit zone, after public hearing, for the purpose of acquisition of land and construction of off-street parking facilities and other capital programs which benefit the particular zone under the procedures for amendment and modification of the ordinance codified in this chapter, as specified in this chapter.

(Ord. 577 § 11, 1983.)

A. Subject to State Statutes. The provisions of this chapter shall be subject to any amendments of Section 36500 et seq. of the Streets and Highways Code.

B. Establishment or Modification of Benefit Zones — Establishment of Assessments. The city council, upon recommendation of the board of directors, may establish new benefit zones or make modifications to benefit zones, except changes in boundaries, and establish new assessments under the procedures for establishment of a parking and business improvement area. A resolution of intention pursuant to Section 36521 of the Streets and Highway Code shall be adopted, published and mailed to each affected business as required by Section 36552 of said Code. A public hearing shall be held and proceedings shall terminate if a written protest is made by a majority of the affected businesses. If there is not a written protest by a majority, and if the city council, after hearing, decides to establish or modify a benefit zone or establish a new assessment, it shall do so by ordinance pursuant to Section 36525 of the Streets and Highway Code.

C. Modification of Boundaries, Assessments or Charges — Changes in the Uses to Which the Revenue shall be put — Disestablishment of an Area or Benefit Zone. The city council, upon recommendation of the board of directors, may make modifications to boundaries, assessments or charges, or the uses to which the revenue shall be put, or disestablish an area or benefit zone by adopting a resolution of intention specifying the proposed modification, time, place and date of public hearing at least fifteen days prior to said hearing. The resolution shall be duly noticed as required by law. If the city council, after hearing, decides to make such modification, it shall do so by ordinance.

(Ord. 577 § 12, 1983.)

In the event that the imposition of charges or assessments would create a hardship or inequity for a particular business, the city council may, upon appeal, reduce the basis of charges or assessments if it finds that all of the following conditions are present:

A. The business license holder or applicant for a business license can show that the charge or assessment is economically disproportionate to the net income of the business or the parking demand of the business.

B. That the reduction of the basis of assessment or charges will not impair the ability of the area or benefit zone to meet the obligation of a contract to construct, operate or maintain physical improvements, or set a precedent leading to such impairment.

Applications for appeal of charges or assessments shall be set forth in writing by the applicant stating the specific reduction request and specifics concerning the application. Such appeals shall be set for public hearing before the city council and publicly noticed at least ten days prior to the hearing. Charges for appeals shall be as applicable to zoning appeals.

(Ord. 577 § 13, 1983.)

A. Charges and assessments are payable with the business license fees. Where business license fees are paid quarterly, then charges and/or assessments shall be prorated and due quarterly. Charges and assessments shall be due the same as the business license fee. In addition to the interest and penalty charged for any late payment of business license fees, there shall be a one percent per month interest charge on any outstanding charge or assessment.

B. Each business license record shall contain the basis of charges and assessments, i.e., the number of employees subject to assessment. The business license applicant, upon renewal and/or application for a new license, shall provide this information. The basis of charges and/or assessments may be adjusted upon renewal of the business license.

Where a question arises as to the number of employees subject to assessment, employee records shall be submitted to the board of directors for review. The city clerk shall determine the basis of charges and/or assessment, subject to appeal to the city council under the procedures of Section 3.36.110.

C. Unless otherwise indicated by this chapter, each business shall be subject to a charge based upon its actual number of reported employees: those individuals to whom they issue a W2.

D. Individual businesses with separate business entrances and sharing common facilities such as hallways and bathrooms shall be subject to charges as separate businesses. For assessment purposes, the basis of assessment shall be in multiples thereof.

E. Multiple businesses occupying the same premises with a common building ownership or lease agreement, or common business ownership or management, shall be subject to the benefit zone charge as one business. Each multiple business and its employees, including owner, shall be included in the benefit zone charge section of the business license tax and benefit zone charge calculation schedule submitted with the primary business license holder. The primary business license holder shall be responsible to the city for the benefit zone charges due for said business location.

Nonprimary businesses shall indicate on the business license tax and benefit zone charge calculation schedule that they are not the primary business license holder and are not subject to an individual benefit zone charge, that they and their employees are included in the benefit zone charge section reported by the primary business license holder. Nonprimary businesses shall indicate which business is the primary business license holder. (Nonprimary businesses are still subject to the city business license ordinance.)

F. Proration of charges and assessments under Ordinance No. 577, will be as follows: If a person(s) starts a business during the first half of the calendar year, (January 1st through June 30th), said business will be charged for a full calendar year. If the person(s) starts a business during the second half of the calendar year. (July 1st through December 31st), said business will be charged for half a calendar year.

G. 1.

No refund of an overpayment of charges and assessments imposed by this chapter shall be allowed in whole or in part unless a claim for a refund is filed with the collector within a period of one year from the last day of the calendar month following the period for which the overpayment was made, and all such claims for refund of the amount of overpayment must be filed with the collector on forms furnished by him/her and in the manner prescribed by him/her. Overpayments of less than twenty dollars shall not be refunded.

2. Charges and assessments are due in advance, no refunds will be made for any unexpired portion of a charge or assessment.

(Ord. 660 (part), 1990; Ord. 658 (part), 1990; Ord. 577 § 14, 1983.)

A. There shall be no exemption for new businesses.

B. The exemption of this section shall be inapplicable to changes in name or character of an existing business, or for relocation of an existing business between the various benefit zones.

(Ord. 658 (part), 1990; Ord. 577 § 15, 1983.)

A. Where in-lieu fees have been, or are being paid pursuant to Section 17.42.080, the business, or businesses occupying the premises, for which in-lieu fees are paid, shall receive credit for assessments for each space paid for a period of five years from the date which in-lieu fees were first due and payable. The credit shall be made to assessments as if the number of spaces paid had been maintained for the five-year period. Upon termination of the five-year period, no further credit shall be given.

B. Credit for in-lieu fees shall run with the business where the business has paid the in-lieu fees, or with the premises where the property owner has paid the in- lieu fees.

C. All future in-lieu fees paid to the city shall be deposited into a parking and business improvement fund for the benefit zone in which they have originated.

(Ord. 577 § 16, 1983)