Chapter 17.40 — TEMPORARY CLASSIFICATION FOR ASSESSMENT IMPROVEMENTS

To provide a means to assist property owners in commercial or other use districts to request the assistance of the city in improving or upgrading the appearance or functional operation of the area; to permit the preparation of development improvement plans, including such matters as improved pedestrian and vehicular circulation systems, planting boxes or other street furniture, lighting fixtures, building facade modifications, improvement in parking and traffic facilities, construction of pedestrian malls, signs, or any other visual or functional appurtenances for the area; to provide for the establishment of a special assessment district to defray all or part of the costs of such improvement projects.

(Prior code § 061.01)

An application for an assessment improvement temporary classification may be filed with the planning commission. As a prerequisite for filing, the application shall be signed by the owners of at least seventyfive (75) percent of the land area on which such business or other establishments are operating. In lieu of their signature, owners may submit letters indicating their consent. The area involved shall comprise at least one block or one block frontage on both sides of a public highway, street, pedestrian mall, or other appropriate area.

(Prior code § 061.02)

The planning commission shall investigate the feasibility of establishing the temporary classification, hold public hearings and make a recommendation in the same manner as a change of zone. See Section 17.80.010.

(Prior code § 061.03)

A.

Selection of Consultant. The city council shall direct the planning commission in cooperation with the petitioners, to select and recommend to the city council the appointment of a specific architect or other professional designer to serve as consultant for the improvement of the area, and determine the probable cost of the consultant's services.

The planning commission, after consultation with the city engineer, shall recommend what portion of this cost shall be paid by a special assessment district, and what portion should be paid by the city. The city council shall direct the city engineer to prepare a tentative assessment district to defray the cost of the consultant's services to be paid by the assessment district.

B.

Preparation by Assessment Roll. Upon appointment of a consultant and approval of his or her fee by the city council, the city engineer shall be directed by the council to prepare a special assessment roll, which shall be transmitted to the city council. Upon confirmation, the council shall direct the roll to the city treasurer, who shall thereupon proceed to collect this assessment. If this assessment is not paid within sixty (60) days after receipt of the special assessment roll, then the city treasurer shall report this fact to the city council who may then order the assessment improvement area ordinance cancelled and the assessment refunded.

C.

Preparation of Plans. When all assessments have been collected, the city council shall notify the appointed consultant to proceed with the preparation of the improvement plan. The plan shall be submitted to the planning commission which shall, in conjunction with the petitioners, investigate the practicality and feasibility of the proposed improvement and transmit their recommendation to the council regarding the acceptability of the project and the cost estimate. If the city council approves the plans and the cost estimate, such documents shall be forwarded to the city engineer with the request that the city engineer prepare a benefited district and a tentative special assessment roll to pay for the proposed improvement. The city engineer shall then submit his or her report to the city council which may authorize its transmittal to the planning commission for consideration.

D.

Commission and Petitioner Review of Assessment Roll. The planning commission shall meet with the petitioners to review the tentative special assessment roll and the entire improvement program. If fifty-one (51) percent of the petitioners within the proposed assessment district concur with the plans and wish to proceed with the improvements, a petition containing their signature and indicating their concurrence shall be filed with the city council. Such fifty-one (51) percent majority of property owners shall represent at least fifty-one (51) percent of the proposed assessment.

E.

Institution of Assessment Proceedings. Upon receipt of the petition representing the owners of at least fiftyone (51) percent of the proposed assessment, the city council shall order the city engineer to institute proceedings as provided in the Improvement Act of 1911, State of California Street and Highways Code.

F.

Termination of Temporary Classification. Notwithstanding any other provisions of this chapter to the contrary, no public hearing need be held nor further notice be given as a requisite to the completion or termination of any (A) Assessment Improvement classification.

(Prior code § 061.04)