Unless the context otherwise requires, the provisions of this
section shall govern the construction of this chapter.
The Council of the City of Santa Barbara.
All commercially zoned or used property in the area bounded
by Padre Street, Cabrillo Boulevard, State Highway 101 and Rancheria
Street projected southeasterly to West Cabrillo Boulevard, and Quarantina
Street and its northwesterly and southeasterly projections.
The owner of record of the fee title to land within any of
the business districts of the City hereinafter set forth in Section
10.68.040.
An officer, employee or agent of a corporate holder of title
or tenant, duly authorized to act as such representative by the board
of directors of such corporation, and means a guardian, conservator,
executor or administrator of the estate of any holder of title or
tenant who is:
All commercially zoned or used property in the vicinity of
the intersection of Meigs Road and Cliff Drive.
All commercially zoned or used property on both sides of
Milpas Street between Carrillo Street and Punta Gorda Street.
All commercially zoned or used property on both sides of
State Street and De la Vina between San Marcos Pass Road and Constance
Avenue.
Off-street motor vehicle parking places owned, maintained
and operated by the City of Santa Barbara, whether financed by gift,
purchase, eminent domain, special assessment proceedings conducted
under State law or City ordinance, or otherwise.
The person in possession of any premises within any of said
business districts under written or oral lease.
(Ord. 2851 Art. 1, 1961; Ord. 3761, 1975; Ord. 3904, 1977)
The provisions of this chapter shall be controlling to the extent
that they are in conflict with any of the provisions of the act.
(Ord. 2826 §2, 1961)
This chapter is not exclusive. The Council shall have the power
to provide other procedures or to follow parking place or district
procedures now or hereafter provided by general law.
(Ord. 2826 §3, 1961)
Before ordering any acquisitions, or improvements, or both,
or the creation of any district pursuant hereto, the Council shall
find that the public convenience and necessity require such acquisitions
or improvements, or both, in the manner provided in Section 17, Article
XIII of the California Constitution.
(Ord. 2826 §4, 1961)
A resolution of preliminary determination shall be adopted describing
in general terms the proposed improvement or acquisition and setting
a time and place when and where any and all persons interested may
appear and show cause, if any they have, why the Council should not
find and determine that the public convenience and necessity require
the proposed acquisition or improvement without compliance with the
Special Assessment Investigation, Limitation and Majority Protest
Act of 1931.
(Ord. 2826 §4(a), 1961)
The resolution shall contain a notice of the time and place
of hearing. A copy of the resolution shall be published in one or
more issues of a newspaper published and circulated in the City, and
a copy shall be posted on or near the Council Chamber door or on a
bulletin board in or adjacent to the City Hall. The posting and publication
shall be had at least 10 days before the date of hearing. The resolution
may be consolidated with the resolution of intention.
(Ord. 2826 §4(b), 1961)
Any person interested may object to undertaking the proceedings
without first complying with the provisions of the Investigation Act.
(Ord. 2826 §4(c), 1961)
If no protests are made, or when the protests shall have been
heard and overruled the Council may adopt a resolution finding and
determining that the public convenience and necessity require the
proposed improvements and/or acquisitions, and that the investigation
act shall not apply. The findings may be incorporated in the resolution
ordering the improvement and/or acquisition.
(Ord. 2826 §4(d), 1961)
When proceedings are had for a change and modification, the
resolution of intention to change and modify shall be deemed as a
resolution of intention and the resolution ordering the changes and
modifications shall be deemed a resolution ordering the improvement
or acquisition as to the changes and modifications.
(Ord. 2826 §4(e), 1961)
The resolution determining the convenience and necessity shall
be adopted by the affirmative vote of four-fifths (4/5) of the members
of the Council, and its finding and determination shall be final and
conclusive.
(Ord. 2826 §4(f), 1961)
Sections 10.68.120 - 10.68.200 shall not apply when investigation proceedings have been avoided or taken pursuant to the Investigation Act.
(Ord. 2826 §4(g), 1961)
Where proceedings for any improvements and/or acquisitions or
any part thereof have been undertaken without compliance with the
investigation act or without proceedings under this section, proceedings
may thereafter be had under this section with reference thereto, and
the order of the Council determining convenience and necessity therein
shall be final and conclusive.
(Ord. 2826 §4(h), 1961)
If, in the judgment of the Council, varying benefits will be
derived by the different parcels of land lying within the assessment
district, the district may be divided into zones according to benefits.
(Ord. 2826 §5, 1961; Ord. 2850, 1961)
The district may be divided into as many zones up to the total
number of parcels of land in the district as may be deemed necessary,
and each zone shall be composed of and include all the lands within
the district which will be benefited in like manner.
(Ord. 2826 §5(a), 1961; Ord. 2850, 1961)
The Council shall also determine the percentage of the sum to
be raised each year by the levy and collection of the special assessment
taxes in the district for the payments on the principal and interest
of the bonds, which will be raised from the lands in each zone. As
an alternative, the Council may determine the percentage of assessed
valuation of taxable real property within each zone which shall be
used in computing the annual rate of ad valorem assessment within
the district and to which the annual rate shall be applied.
(Ord. 2826 §5(b), 1961; Ord. 2850, 1961)
When the district is divided into such zones, the resolution
of intention shall so state, giving the percentages to be raised from
the lands in each zone.
(Ord. 2826 §5(c), 1961; Ord. 2850, 1961)
Each zone shall be designated by a different letter or number
and shall be plainly shown on the map or plat of the assessment district
filed in the Office of the City Clerk and referred to in the resolution
of intention, either by separate boundaries, coloring or other convenient
and graphic method, so that all persons interested may with accuracy
ascertain within which zone any parcel of land is located.
(Ord. 2826 §5(d), 1961; Ord. 2850, 1961)
It shall be sufficient, in all cases where the assessment district
is to be divided into such zones according to benefits, if the resolution
of intention states that fact and refers to the plat or map for the
boundaries and all details concerning the zones.
(Ord. 2826 §5(e), 1961; Ord. 2850, 1961)
At the hearing, the Council may eliminate, create or alter the
boundaries of proposed zones in the manner provided for the alteration
of the boundaries of the proposed district.
(Ord. 2826 §5(f), 1961; Ord. 2850, 1961)
If the City Council shall from time to time determine that the
public interest will be served thereby, it may from time to time add
property to a zone or transfer property from a zone of lesser benefit
to a zone of greater benefit, in the manner provided for enlarging
the district; provided, however, that in the event consent to such
addition or transfer is given in writing by all persons having any
interest in the property involved, the procedure required for the
enlarging of the district shall not be required and such addition
of property to a zone or transfer of property from a zone of lesser
benefit to a zone of greater benefit shall be effective as of the
date of such written consent.
(Ord. 2826 §5(g), 1961; Ord. 2850, 1961; Ord. 3305, 1968)
The City may prepare a report, adopt a resolution of intention
and form a parking district, without any petition therefor.
(Ord. 2826 §6, 1961)
It shall be necessary for the proposed parking lots to be located
within the parking district.
(Ord. 2826 §7, 1961)
It shall not be necessary for any specified time to elapse between
the performance of acts.
(Ord. 2826 §8, 1961)
The first publication and the mailing of any resolution or notice
shall not be later than 10 days before the day fixed therein for hearing
or other act.
(Ord. 2826 §9, 1961)
The Council may act by resolution where an ordinance is provided.
(Ord. 2826 §10, 1961)
The bonds may be issued before contracting or obtaining options
for the purchase of the land, property or rights-of-way to be acquired,
or obtaining a judgment in eminent domain for the acquisition.
(Ord. 2826 §11, 1961)
The bonds may be made payable on July 2nd of each year in such
amounts as the Council shall determine. The last installment shall
mature not later than 39 years from second day of July next succeeding
10 months after their date.
(Ord. 2826 §12, 1961)
The bonds may be registrable as to principal and interest, or
as to principal only, and may be made deregistrable.
(Ord. 2826 §13, 1961)
The bonds may be issued in different divisions with different
dates and dates of maturity.
(Ord. 2826 §14, 1961)
The bonds may be sold below par in the manner determined by
the Council.
(Ord. 2826 §15, 1961)
Any bonds issued under this chapter, and the interest thereon,
shall be payable from annual ad valorem assessments levied upon the
taxable real property within the district and the limitations upon
the rate or period thereof provided in the Act shall not apply. The
bonds may also be payable from on and off-street parking revenues.
(Ord. 2826 §16, 1961)
The provisions of Sections 8800 to 8809, inclusive, of the Streets
and Highways Code of the State shall apply to assessments levied hereunder.
(Ord. 3169, 1966)
The boundaries of the district heretofore or hereafter formed
may be enlarged from time to time.
A.
Resolution
of Intention. The territory to be annexed shall be set forth in a
resolution of preliminary determination and of intention to be adopted
by the Council which shall give notice that the matter, and all persons
interested, will be heard by the Council at a time to be stated therein.
B.
Publication. The resolution shall be published twice in a newspaper of general circulation published in the City and posted as provided in Section 10.68.140.
C.
Hearing.
The hearing may be adjourned from time to time. At the hearing the
Council shall have the power to determine whether or not the entire
territory, or only a portion thereof, to be annexed, and the district,
will be benefited by the annexation.
D.
Order.
The Council shall by resolution order the annexation of such territory,
defining its boundaries therein, its decision thereon shall be final
and conclusive.
E.
Ad
Valorem Assessment. Thereafter the property annexed shall be subject
to special levies for maintenance and operation and for any bonds
issued for the acquisition or construction of improvements, the same
as are the properties already in the parking district.
(Ord. 2826 §17, 1961)
During the progress of a project, in any proceeding heretofore
or hereafter taken pursuant to this chapter, the Council may make
changes and modifications in such proceedings, including, but not
limited thereto by the generality of the foregoing, the maximum rate
of interest at which any bonds thereafter to be issued may bear:
A.
Before
ordering any change or modification, the Council shall adopt a resolution
of intention so to do, which shall contain a time and place of hearing;
C.
All
objections not stated in writing, signed by a property owner and filed
prior to the hearing, shall be waived;
D.
The
provisions of Section 35276 of the Government Code shall apply to
the decision of the Council.
(Ord. 3437, 1970)
The Council may, from time to time, pledge street meter revenues
from without or within the parking district.
(Ord. 2826 §18, 1961)
The Council may, from time to time, pledge revenues from off-street
parking places theretofore or thereafter acquired in other than the
proceedings in addition to those acquired in the proceedings.
(Ord. 2826 §19, 1961)
When proceedings are had under said act, its provisions may
be supplemented by other proceedings or as otherwise provided in the
resolution of intention.
(Ord. 2826 §20, 1961)
Territory included in one parking district may be included in
another parking district if the Council finds that the territory will
be benefited by being included in the subsequent parking district.
(Ord. 2826 §21, 1961)
The City may acquire, construct, rent, lease, maintain, repair,
manage and operate all or any portion of any real and personal property,
including the leasing of property for parking, the leasing of the
operation of the property, and the leasing for commercial purposes
of surplus space or space which it is not economic to use for parking
purposes.
(Ord. 2826 §22, 1961)
As an incident to the operation of any parking facility, the
City may devote a portion of its property to uses such as retail stores,
bus terminal, gasoline service station, helicopter landing area, or
any other commercial use, when in its judgment it is convenient or
necessary to conduct or permit such use in order to utilize the property
as a parking facility. Any such incidental use shall be secondary
to the primary use as a parking facility, and the portion of the land
devoted to the incidental use shall not exceed 25% of the surface
area of the property. If a building is erected on the property for
the purpose of parking motor vehicles, the incidental use of the building
shall not occupy more than 25% of the floor area. Neither the Commission
nor the Council shall manage or operate surplus space devoted to commercial
purposes other than parking vehicles, but shall lease such space to
private operators.
(Ord. 2826 §23, 1961)
The Council, by four-fifths vote of all of its members, may
determine that any parcel of property acquired from the proceeds of
the bonds, or any improvements, extensions or replacements thereof
or additions thereto, is no longer needed for off-street parking purposes
or such facilities may be otherwise better provided. Subject to the
provisions of the City Charter, the property may thereafter be sold,
leased or otherwise disposed of, either during or after the term of
the bonds. The proceeds of the sale, lease or disposal shall be used
for the following purposes and in the following order of priority:
A.
For
the purchase of other off-street parking places or facilities for
the parking district, or for improvements, additions and extensions
to the existing facilities thereof.
B.
To
pay the principal of and interest on the parking bonds of this issue
or any additional parking bonds of the district then outstanding.
C.
To
make the refunds provided for in Section 35705 in the Act.
D.
No
property shall be sold, leased or disposed of until after proceedings
for changes and modifications have been had as provided in the act.
(Ord. 2826 §24, 1961)
Any two or more vehicle off-street parking districts duly organized and existing within the City limits may be consolidated in accordance with the provisions of Sections 10.68.480 through 10.68.620.
(Ord. 3475, 1971)
Consolidation proceedings may be initiated at any time by the
City Council, either on its own motion, or after recommendation therefor
by the Off-Street Parking Commission of the City.
(Ord. 3475, 1971)
The proceedings shall be initiated by adoption of a resolution
of intention to consolidate the districts. Said resolution shall set
forth:
A.
The
names of the districts proposed to be consolidated and further identify
said districts by reference to the resolutions of intention by which
the proceedings to form said districts were initiated;
B.
Any
changes proposed in zones which may have been established in either
district, according to benefits, by setting forth the various zones
as they are proposed to be modified and established in the consolidated
district, which shall be shown on a map to be filed in the Office
of the City Clerk in the same manner as provided in the proceedings
for the formation of zones;
C.
The
time and place for hearing on the question of consolidating said districts;
D.
The
reason or reasons for the proposed consolidation;
E.
The
fact that any interested person desiring to make written protest against
said consolidation shall do so by written communication filed with
the City Clerk not later than the hour set for hearing, and that a
written protest by land owners shall contain a description sufficient
to identify the land owned by him or her; and
F.
The
proposed name of the consolidated district.
(Ord. 3475, 1971)
Notice of the proposed consolidation shall be given by publication,
posting and mailing in the same manner as required for the formation
of either district.
(Ord. 3475, 1971)
Any protest or objection pertaining to the regularity or sufficiency of the proceedings must be in writing, clearly specify the defect, error, irregularity or omission to which protest or objection is made and must be filed within the time and in the manner provided by Sections 10.68.480 through 10.68.620. Any such protest or objection not so made and filed shall be deemed voluntarily waived.
(Ord. 3475, 1971)
The hearing shall be held at the time and place set forth in
the notices and may be continued from time to time. At such hearing,
the Council shall hear and receive any oral testimony in support of
or in opposition to the consolidation and receive and consider any
written communications. Any person who shall have filed a written
protest may withdraw the same at any time prior to the conclusion
of the hearing.
(Ord. 3475, 1971)
At the conclusion of the hearing, the Council shall adopt a
resolution either disapproving the proposed consolidation or ordering
the consolidation.
(Ord. 3475, 1971)
If the resolution orders the consolidation, certified copies
thereof, together with a map showing the boundaries of the consolidated
district, shall be filed in the offices of the County Assessor of
the County of Santa Barbara and the State Board of Equalization, pursuant
to Section 54900 and following of the Government Code of the State
of California.
(Ord. 3475, 1971)
From and after the effective date of the order of consolidation,
all properties in the consolidated district shall be entitled to all
of the benefits and shall be subject to all of the liabilities, including
bonds, contracts, and other obligations, of each of the two pre-existing
districts. All revenues appropriated or pledged to the payment of
bonds of either district shall be consolidated and applied to the
payment of principal and interest on the bonds of both districts and
a uniform rate of ad valorem assessment shall be applied against all
properties in the consolidated district subject to such assessment,
to pay such portion of said principal and interest which is not paid
from said revenues or other sources.
(Ord. 3475, 1971)
The consolidated district shall have all of the powers, characteristics,
and features of each of the pre-existing districts consolidated. Bonds,
contracts, or other obligations of either of said pre-existing districts
shall continue to be valid and subsisting legal obligations of said
consolidated district in accordance with their tenor.
(Ord. 3475, 1971)
No consolidation proceeding, or any provision thereof, shall impair the rights of any bondholder or other creditor of the City or either pre-existing district. Notwithstanding any provision of Sections 10.68.480 through 10.68.620, or of any consolidation proceeding, or any provision thereof, each and every bondholder or other creditor may enforce all his or her rights in the same manner and to the same extent as if such consolidation or provision had not been made.
(Ord. 3475, 1971)
No action, suit, proceeding or defense to set aside, cancel, void or otherwise attack the validity of proceedings for consolidation of districts under Sections 10.68.480 through 10.68.620 shall be maintained by any person unless such action, suit, proceeding or defense is commenced or made within 30 days after the date of adoption of the resolution ordering the consolidation. Unless such action, suit, proceeding, or defense is commenced or made within the period provided in this section, said consolidation proceedings and the resulting consolidated district shall thereafter be deemed valid and incontestable.
(Ord. 3475, 1971)
Sections 10.68.480 through 10.68.620 shall be liberally construed to effectuate their purposes. No consolidation proceeding under Sections 10.68.480 through 10.68.620 shall be invalidated by any defect, error, irregularity or omission in any act, determination or procedure which does not adversely and substantially affect the rights of any person, city, county, district, the State or any agency or subdivision of the State. All determinations made by the Council under and pursuant to the provisions of Sections 10.68.480 through 10.68.620 shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion. In any action or proceeding to review any quasi-judicial determination made by the Council the sole inquiry shall be whether there was fraud or prejudicial abuse of discretion.
(Ord. 3475, 1971)
An action to determine the validity of any consolidated district or proceeding therefor under Sections 10.68.480 through 10.68.620 may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(Ord. 3475, 1971)
If any section, subsection, sentence, clause, phrase, or word of Sections 10.68.480 through 10.68.620 is held to be unconstitutional or invalid, the decision shall not affect the remaining portions of Sections 10.68.480 through 10.68.620. The Council declares that it would have adopted and passed the ordinance codified herein and each section, subsection, sentence, clause, phrase or word thereof irrespective of the fact that any one or more of other sections, subsections, sentences, clauses, phrases or words of the ordinance codified herein are declared invalid or unconstitutional.
(Ord. 3475, 1971)
