SEC. 1515. ALTERNATIVE OR ADDITIONAL PROCEDURE FOR ESTABLISHING A PROPERTY AND BUSINESS IMPROVEMENT DISTRICT

(a) If a resolution of intent adopted pursuant to this Article proposes to finance acquisition, extension, widening, removal, relocation, vacation, abandonment, sale or change in the use of any public way, transportation route, ground, open space, building, or structure which requires referral to the Planning Department under Section 4.105 of the Charter, or any successor provision, the resolution of intent shall be referred to the department for a report regarding conformity with the Master Plan.

(b) If a resolution of intent is referred to the Department of City Planning pursuant to this Section, the department shall make its report to the Board at or before the public hearing on the resolution of intent.

(Added as Sec. 1534 by Ord. 157-95, App. 5/12/95; renumbered and amended by Ord. 32-04; File No. 031609, App. 3/5/2004)

(Former Sec. 1513 added by Ord. 157-95, App. 5/12/95; repealed by Ord. 32-04)

SEC. 1514. ASSESSMENT LIMITATION.

No amount proposed to be assessed upon any lot for the construction of any improvement or the acquisition of any property for public use shall exceed one-half of the assessed value of the lot. The total amount of all assessments levied on lots within the district for the construction or any improvement or the acquisition of any property for public use shall not exceed one-half the assessed value of all lots assessed or proposed to be assessed. Assessment amounts shall satisfy any further limitations imposed by Section 1.20 of the Administrative Code and Part 5 of Division 4 of the California Streets and Highways Code or any preemptive successor statute.

(Added as Sec. 1535 by Ord. 157-95, App. 5/12/95; renumbered and amended by Ord. 32-04; File No. 031609, App. 3/5/2004)

(Former Sec. 1514 added by Ord. 157-95, App. 5/12/95; repealed by Ord. 32-04)

SEC. 1515. ALTERNATIVE OR ADDITIONAL PROCEDURE FOR ESTABLISHING A PROPERTY AND BUSINESS IMPROVEMENT DISTRICT – REQUIRING WEIGHTED TWO-THIRDS VOTE.

(a) If so provided in the Resolution of Intention and the Resolution to Establish, as an alternative or additional procedure for establishing a business and property improvement district and levying assessments on business owners, the Board of Supervisors may require a weighted two-thirds (2/3) vote of the business owners proposed to be assessed, based on ballots cast. The votes shall be weighted according to each business owner's estimated assessments in relation to the total estimated assessments proposed to be levied on all business owners in the proposed district. The vote shall not be effective unless business owners representing at least 50 percent of the total estimated assessments proposed to be levied on all business owners in the district cast ballots.

(b) The Board of Supervisors hereby finds and determines that the business owners proposed to be assessed, with votes allocated as provided in subsection (a), constitute the "electorate" for purposes of Article XIIIC § 2(d) of the California Constitution as and to the extent that provision applies to the levy of assessments on businesses pursuant to this Article.

(Added by Ord. 239-12 , File No. 120963, App. 12/7/2012, Eff. 1/6/2013)

(Former Sec. 1515 added by Ord. 157-95, App. 5/12/95; repealed by Ord. 32-04; File No. 031609, App. 3/5/2004)

SEC. 1516.