HomeMy WebLinkAboutOrdinance 1826 N.C.S. 10/15/1990_ E~T~ ~
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NOV 14 1994
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ORDINANCE NO. 1826. N.C.S.
Introduced by Councilman
Michael Davis
Seconded by Councilman
Jack Cavanagh
AN ORDINANCE OF THE CITY OF PETALUMA, STATE OF CALIFORNIA,
ADDING CHAPTER 13.35 TO THE PETALUMA MUNICIPAL CODE,
BENEFIT DISTRICTS RELATED TO ASSESSMENT DISTRICTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA
AS FOLLOWS:
Division 1. Chapter 13.35 of the Petaluma Municipal Code is
hereby added to read as follows
CHAPTER 13.35
Sections
13.35.010
13.35.020
13.35.030
13.35.040
13.35.050
13.35.060
13.35.070
13.35.080
13.35.090
13.35.100
13.35.110
13.35.120
13.35.130
13.35.140
.13.35.150
13.35.160
13.35.010 Authority.
Authority
Alternative Procedure
Purpose
Definitions
Initiation of Proceedings
Contents of Report
Filing of Report; Setting of Hearing
Mailing Notice of Hearing
Contents of Notice of Hearing
Hearin g
Decision; Establishment of Assessment
Notice of Benefit District Formation
Modification of Fees
Collection; Accounting
Prepayment
Division of .Assessment
Whenever the City Council has formed, or is considering the
formation of, a special assessment district for the construction or
acquisition of public improvements, the City Council may form a related
benefit district by proceeding in accordance with this chapter.
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Ord. 1826 N.C.S.
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1.3.35.020 Alternative Procedure.
The provisions of this chapter are alternative to any other
provisions of this municipal code or of the laws of the State of
California for accomplishing the purpose of this chapter.
13.35.030 Purpose.
The purpose of this chapter is to provide for the establishment of
a special development assessment on land that benefits from the
improvements of a special assessment district but that is not assessed.
13.35.040 Definitions.
As used. in this chapter, the following words and phrases shall
have the following meanings unless the context otherwise requires:
(A) Benefit District means one or more parcels of land for which
Development Approvals will be granted only after payment of Special
Development Assessments.
(B) Development means the subdivision of a parcel of land into
two or more parcels, or the construction thereon of improvements.
Development shall not include improvements that the City Council finds
to be of a minor or insubstantial nature.
(C) Development Approval means an approval by the City
precedent to Development, or to sale or occupancy of a parcel on which
Development has occurred. A Development Approval may include,
without limitation, rezoning of land, approval of a tentative or final
subdivision map or parcel map, approval of a development agreement or
issuance of a building or occupancy permit. The Development Approval
that applies to a Benefit District will be determined by the City Council
when the Benefit District is formed.
(D) Special Development Assessment means an assessment payable
to the City as a precondition to a Development Approval within a
Benefit District. The amount of the assessment will be determined by
the City Council when the Benefit District is formed.
Ord. 1826 N.C.S.
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13.35.050 Initiation of Proceedings.
Whenever the City Council has formed, or is considering forming,
a special assessment district, the City Council may adopt its resolution
of intention to form a Benefit District related to the existing or
proposed assessment district. The resolution of intention shall:
(A) Identify, by name, number or general description of improve-
ments, the proposed or existing assessment district to which the Benefit
District relates.
(B) State that certain parcels of land (which need not be
identified in the resolution) benefit from the assessment district
improvements but are not assessed or proposed to be assessed.
(C) State the intention of the City Council to form a Benefit
District related to the assessment district and to establish a Special
Development Assessment for the land therein.
(D) Direct the City Engineer (or other City staff member or
consultant) to prepare a Benefit District report.
13.35.060 Contents of Report.
The Benefit District report shall contain
(A) A description of each parcel of land proposed to be included
in the Benefit District. Any parcel may be described by its county
assessor's parcel number as listed on the last equalized tax assessment
roll or on current records of the County Assessor .
(B) The amount of the proposed Special Development Assessment
for each parcel. The Special Development Assessment shall be propor-
tional to the estimated benefit to each parcel from the assessment
district improvements .
(C) The Development Approval for which payment of the Special
Development Assessment is a precondition.
(D) The time period within which the Special Development
Assessment will be collected shall not exceed fifteen (15) years from the
establishment of the fee as set by the Benefit District report, unless a
longer period is specified in the report.
(E) The formula or method by which benefits within the Benefit
District are estimated. The method shall be based in proportion to
Ord. 1826 N.C.S.
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estimated benefit to be received by each of the parcels in the Benefit
District from the assessment district improvements.
(F) The terms by which the Special Development Assessment will
be escalated over time, if escalation of the Assessment is proposed.
The Assessment may be escalated in one of the following ways
1. An annual increment of interest may be added to the
Assessment, at an uncompounded rate not exceeding the net effective
rate on bonds of the assessment district for the same year.
2. The Assessment may be increased annually in proportion
to a published index of construction costs ,applicable to improvements
such as those in the assessment district.
(G) The manner in which the Special Development Assessment will
be disbursed when collected. The Assessment may be disbursed in one
or more of the following ways, and may change over time
1. Disbursement to the general fund or a designated special
fund of the City.
2. Disbursement to the assessment district improvement
fund, for use or distribution as provided by law.
3. Disbursement to owners within the assessment district in
accordance with reimbursement or development agreements.
13.35.070 Filing of Report; Setting of Hearing.
The Benefit District report shall be presented to the City Council,
which may accept the report, return the report for modification, or
modify the report itself and accept it as modified. The Council shall
call a public hearing on the report, to be held not sooner than twenty
(20) days after. its acceptance, at a regular, adjourned or special
meeting of the Council.
13.35.080 Mailing Notice of Hearing.
Not later than fifteen (15) days before the public hearing, the
City Clerk shall give notice of the hearing by first-class U.S. Mail,
postage prepaid (or if directed by the City Council, by certified or
registered mail) to each owner of land within the proposed Benefit
District as the owner's name and address appear on the last equalized
Ord. 1826 N.C.S.
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county tax assessment roll or on current records of the County
Assessor. Failure of any owner to receive the notice shall not affect
the validity of proceedings under this chapter.
13.35.090 Contents of Notice of Hearing.
The notice of hearing shall state:
(A) That the City Council has received a report proposing a
Special Development Assessment for the land of the owner.
(B) A general description of the assessment district improvements
from which the owner's land benefits.
(C) The amount of the proposed Special Development Assessment,
and the conditions under which the Assessment will be payable.
(D) The time and place of the hearing .
(E) That any owner or owner's representative may appear at the
hearing to protest or comment on the report orally or in writing or
both .
(F) That the report is on file with the City Clerk and is open for
public inspection.
(G) The name and telephone number of a City staff member or
department or City consultant where the owner may address questions.
13.35.100 Hearing.
At the hearing, the City Council shall consider all protests and
comments, oral and written, by any interested person. The hearing
may be continued from time to time. After the hearing, the City
Council may continue its consideration of the report from. time to time .
13.35.110 Decision; Establishment of Assessment.
After the hearing, the City Council may reject the report and
abandon proceedings to form the Benefit District, may approve the
report as filed, or may modify and approve the report. The City
Council shall not increase the initial Special Development Assessment in
the report on file without the written consent of the affected owner
unless it first holds a hearing on the increase after 10-day notice by
mail to the affected owner . If the City Council approves the report, it
Ord. 1826 N.C.S.
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shall adopt a resolution forming the Benefit District and establishing the
Special Development Assessment in the amounts and under the terms set
forth in the report .
13.35.120 Notice of Benefit District Formation .
After establishment of the Special Development Assessment, the
City Clerk shall record a notice in the office of the County Recorder of
the County of Sonoma, in substantially the following form:
NOTICE OF SPECIAL DEVELOPMENT FEE
NOTICE IS HEREBY GIVEN that the City Council of the
City of Petaluma, Sonoma County, California, has established
a Special Development Assessment to be paid to the City, in
addition to all other fees, charges, taxes and assessments, as
a condition to [here state the Development Approval]
The Special Development Assessment affects the following
described land lying within Benefit District No. of
the City
[.Here describe the land within the Benefit District by
metes and bounds, by deed reference or by reference to
a recorded map ]
The Special Development Assessment represents benefit
to the described land from public improvements as set forth
in the report for Benefit District No. which
report is on file in the office of the City Clerk of the City of
Petaluma and is hereby referred to for the amounts of the
Special Development Assessments and for all other details of
the Benefit District. The Special Development Assessment
shall not be imposed after [here insert termination date]
DATED:
City Clerk
The City Clerk shall mail a copy of the notice to each owner of
land within the Benefit District.
Ord. 1826 N.C.S.
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13.35.130 Modification of Fees.
On its own motion or on the application of any owner of land
within the Benefit District, the City Council may eliminate or reduce the
Special Development Assessment for any parcel, on the ground that the
Assessment was incorrectly calculated, that changed conditions have
reduced or eliminated the benefit on which the Assessment was based.,
or that the parcel has come under the ownership of a public agency.
The City Council may increase the amount of the Assessment for a
parcel only by proceeding as for the formation of a Benefit District,
except that the amount of the Assessment may be escalated over time as
described in the approved Benefit District report.
13.35.140 Collection; Accounting.
No Development Approval shall be granted by the appropriate City
officer or department until the City Finance Officer has certified that
the Special Development Assessment has been paid for the affected
parcel. The Finance Officer shall maintain a separate account for each
Benefit District and shall collect and disburse the Special Development
Assessments in accordance with the approved Benefit District report.
The Finance Officer may include in the collection an administrative
charge, not to exceed one percent (lo) of the Assessment, to reimburse
the City for its reasonable expenses in the administration of the Benefit
District.
13.35.150 Prepayment.
The Special Development Assessment may be paid at any time
before it is due, in the amount that would apply if the Assessment were
due on the date of the payment.
13.35.160 Division of Assessment.
If less than an entire parcel of land in the Benefit District is
proposed for Development, the owner of the parcel may apply to the
office of the City Manager for a division of the Special Development
Assessment. The City Manager shall thereupon divide the Assessment
into parts corresponding to the Assessments which would have been
Ord. 1826 N.C.S.
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levied if the parcel had been divided at the time the Benefit District
was formed. The owner may appeal the decision of the City Manager to
the City Council and shall be afforded a hearing before the City
Council for this purpose.
Division 2. Severability. If any section, subsection or portion of
this ordinance is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portion of this ordinance.
The City Council hereby declares that it would have adopted this
ordinance and each section, subsection or portion thereof, irrespective
of the fact that any one or more sections, subsections or portions be
declared invalid or unconstitutional.
Division 3. Posting. The City Clerk shall, and she is hereby
directed to, post/publish this ordinance for the period and in the
manner as required by law.
INTRODUCED and ordered oft this 1st day of October ,
1990.
ADOPTED this 15th day of October 1990.
AYES : Sobel, Davis, Vice- Mayor Cavanagh, Mayor Hilligoss, Woolsely
NOES : 0
ABSENT : Balshaw
L~
.ATTEST:
t
ty Clerk
ordinance 32
ORD 1
9/28/90
Ord. 1826 N.C.S.
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