Chapter 5.06 — UPTOWN WHITTIER BUSINESS IMPROVEMENT AREA

Pursuant to Parking and Business Improvement Area Law of 1989 (Streets and Highways Code Section 36500 et seq.), a business improvement area designated as "Uptown Whittier Business Improvement Area of the City of Whittier" was created and established by Ordinance No. 2300 and is amended.

(Ord. 2604 § 1 (part), 1993)

(Ord. No. 3120, § 11, 7-28-20)

That portion of the city of Whittier, county of Los Angeles, state of California, bounded and described as follows:

Beginning at the centerline intersection of Friends Avenue, 50 feet wide, and Penn Street, 60 feet wide; thence west along said centerline of Penn Street to the centerline of Washington Avenue, 50 feet wide; thence south along said centerline of Washington Avenue to a line parallel with and lying 80 feet southerly of said centerline of Penn Street; thence west along said parallel line to the centerline of the alley west of Milton Avenue; thence north along said alley centerline to a line parallel with and lying 140 feet southerly of the centerline of Philadelphia Street, 80 feet wide; thence west along last said parallel line to a line parallel with and lying 125 feet westerly of the centerline of Pickering Avenue, 70 feet wide; thence north along last said parallel line 140 feet to said centerline of Philadelphia Street; thence west along last said centerline of Philadelphia Street 10 feet; thence north parallel to said centerline of Pickering Avenue to a line parallel with and lying 120 feet northerly of said centerline of Philadelphia Street; thence east along last said parallel line to the centerline of the alley west of Milton Avenue; thence north along last said alley centerline and its northerly prolongation to the centerline of the alley north of Hadley Street; thence east along last said alley centerline to the northerly prolongation of the easterly line of lot 12 block 19 of Harvey and Ricker's Addition, as per map recorded in Book 26, pages 67 and 68 of Miscellaneous Records of said county; thence south along said easterly line of said Lot 12 and its southerly prolongation, which is a line parallel with and lying 175 feet westerly of the centerline of Friends Avenue, to a line parallel with and lying 170 feet northerly of said centerline of Philadelphia Street; thence east along last said parallel line to the centerline of the alley east of Painter Avenue; thence south along last said alley centerline and its southerly prolongation to a line parallel with and lying 140 feet southerly of said centerline of Philadelphia Street; thence west along last said parallel line to the centerline of the alley west of Friends Avenue; thence south along last said alley centerline to the westerly prolongation of the northerly line of Lot 7 Block 31, Map of Whittier, as per map recorded in Book 21 pages 55 and 56 of Miscellaneous Records of said County; thence east along the northerly line of said Lot 7

and its westerly and easterly prolongations to said centerline of Friends Avenue; thence south along last said centerline of Friends Avenue to the point of beginning.

(Ord. 2831 § 1, 2003; Ord. 2604 § 1 (part), 1993)

Two benefit zones are established as follows:

A.

Diamond Area Benefit Zone. The boundaries of the Diamond Area Benefit Zone are as follows:

Greenleaf Avenue: North to South, between Hadley Street and Wardman Street; Philadelphia Street: East to West, between Bright Avenue and Comstock Avenue.

B.

Silver Area Benefit Zone. The boundaries of the Silver Area Benefit Zone shall include all businesses in the Uptown Whittier Business Improvement Area other than those included in the Diamond Area Benefit Zone.

(Ord. 2831 § 2, 2003; Ord. 2604 § 1 (part), 1993)

Annual Benefit Assessment

Assessment Chart

Classification Diamond Area Silver Area Benefit Zone Benefit Zone

Classification A $130.00 plus $0.15 per square foot of gross $130.00 plus $0.10 per square foot of gross leasable area of the business (see definition leasable area of the business (see definition below), not to exceed $2,500 below), not to exceed $2,500

Classification B $130.00 plus $0.20 per square foot of gross $130.00 plus $0.15 per square foot of gross leasable area of the business (see definition leasable area of the business (see definition below), not to exceed $2,500 below), not to exceed $2,500

Classification C $750.00 $750.00

Classification D $100.00 $100.00

Classification E $130.00 $130.00

A.

Definition of Terms. Gross leasable area is defined as the total floor area designed for the occupancy and exclusive use of tenants, including basements, storage space, patios and mezzanines. It is measured from the center of joint partitioning to the outside wall surfaces.

B.

Diamond Area Benefit Zone. The boundaries of the Diamond Area Benefit Zone are as follows: Greenleaf Avenue: North to South, between Hadley Street and Wardman Street. Philadelphia Street: East to West, between Bright Avenue and Comstock Avenue.

C.

Silver Area Benefit Zone. The boundaries of the Silver Area Benefit Zone shall include all businesses in the Uptown Whittier Business Improvement Area other than those included in the Diamond Area Benefit Zone.

D.

Classifications. The five classifications of businesses and bases for determining assessments are as follows:

Classification A includes retail businesses defined as any business that pays sales tax to the California State Board of Equalization. Examples of retail businesses include but are not limited to retail sales, hotels/motels, theaters, printing businesses, barber shops, and beauty shops. Food establishments are not included in this classification.

Classification B includes food establishments defined as restaurants, bars, cafes, coffee houses, or any business that serves food, coffee, or alcohol.

Classification C includes all financial institutions.

Classification D includes all nonprofit institutions.

Classification E includes other businesses defined as service businesses, professionals, insurance brokers and agents and all other businesses not otherwise classified herein.

(Ord. 2904 § 1, 2007: Ord. 2831 § 3, 2003; Ord. 2636, § 1, 1994; Ord. 2604 § 1 (part), 1993)

A.

The charges assessed shall be due and payable and shall be paid at the same time and in the same manner that business licenses taxes imposed by the city code are due and payable. Any business not subject to the city business license tax code shall make its initial assessment payment within thirty days of receiving notice from the city and annually thereafter in the same month the initial assessment was due.

B.

No business license shall be issued pursuant to the Whittier Municipal Code unless the assessment imposed is paid together with the business license tax payable pursuant to the code; and a business license shall be considered unpaid and penalties shall be assessed upon the total amount at the rate specified in the Municipal Code, until such time as both the business license tax and the charges imposed hereunder are paid in full.

C.

Where one owner has multiple businesses in the same class or combinations of two or more of the above classes, all of which are at the same location, the total charge for that location under this chapter shall be the highest charge of any one of those businesses when considered individually according to their classifications herein.

D.

Where multiple owners have businesses in the same class or combination of two or more of the above classes, all of which are at the same location, the total charge to each owner under this chapter shall be the highest charge of any one of the individual owner's businesses at the location when considered according to their classification herein.

E.

No person shall fail or refuse to pay the assessment fee herein imposed.

(Ord. 2604 § 1 (part), 1993)

There shall be no additional assessment for any business which transfers the same business to any location within the business improvement area.

(Ord. 2604 § 1 (part), 1993)

A written statement, on such forms as may be required or furnished by the city treasurer, shall be filed when the charges are paid.

(Ord. 2604 § 1 (part), 1993)

Any business may make voluntary contributions to business improvement area for the purposes provided in this chapter.

(Ord. 2604 § 1 (part), 1993)

Uses of revenues derived from charges imposed pursuant to this chapter shall be limited to uses authorized by the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code Section 36500 et seq.).

(Ord. 2604 § 1 (part), 1993)

(Ord. No. 3120, § 12, 7-28-20)

There is created a special fund designated as uptown Whittier business improvement area fund into which all revenues derived from charges and contributions under this chapter shall be placed and such funds shall be used only for the purposes specified in this chapter.

(Ord. 2604 § 1 (part), 1993)

The city council shall annually approve a budget to include an estimate of expenditures to be made from the uptown Whittier business improvement area fund to carry out the purposes of this chapter.

(Ord. 2604 § 1 (part), 1993)

A.

Should any person, firm or corporation fail to pay an assessment when due as provided in this chapter, the city tax and license collector shall impose the following penalties until the assessment and penalty is paid:

One month past due 10% penalty

Two months past due 25% penalty

Three months past due 50% penalty

Four months past due 75% penalty

Five or more months past due 100% penalty

B.

All penalties shall be paid at the time the amount of the license tax and assessment is paid and the tax and license collector is authorized to bring an action in a court of competent jurisdiction to collect the tax and penalty. The action shall be brought in the name of the city and any judgment for the tax shall include a judgment for the penalties as assessed by the tax and license collector in accordance with this section.

C.

The city tax and license collector will remit all penalties collected to the Whittier uptown association.

(Ord. 2851 § 1, 2004)