Municipal Code, Complete - City of Santa Barbara

Chapter 4.70
FORMATION OF COMMUNITY FACILITIES DISTRICTS
Sections:
4.70.010 Local Community Facilities
Districts - Purposes.
4.70.020 Procedures for Establishing Local
Community Facilities Districts.
4.70.030 Mello-Roos Community Facilities
Act of 1982 - Amendments and
Deletions.
4.70.010 Local Community Facilities Districts - Purposes.
4.70.040 Procedures for Conducting
Landowner Elections for Local
Community Facilities Districts.
This Chapter provides a complete, additional and alternative method for doing the things authorized by this
Chapter and shall be regarded as supplemental and additional to the powers conferred by any other laws of the state
of California. This Chapter provides a means of forming local community facilities districts within the City of Santa
Barbara, authorizing the levy of special taxes within such districts, authorizing the issuance of bonds, and financing
the provision of public facilities and services within such districts pursuant to the authority the City of Santa Barbara
holds over its municipal affairs under Article XI, Section V of the California Constitution and the Charter of the City.
(Ord. 4834, 1993.)
4.70.020 Procedures for Establishing Local Community Facilities Districts.
The procedures for undertaking formation of a local community facilities district under this Chapter (except as
otherwise expressly provided in this Chapter) shall be the procedures set forth in the Mello-Roos Community
Facilities Act of 1982 (Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, beginning
with §53311) and all other statutes of the State of California referred to therein or which refer to the Mello-Roos
Community Facilities Act of 1982, as the same are in effect on the date of introduction of this Chapter and as such
statutes may hereafter be amended; provided, that any provision of general law of the State of California amended,
revised or deleted pursuant to Section 4.70.030 hereof shall only be further amended, revised or deleted by an
amendment, a revision or a deletion to this Chapter made by the City Council. All of the provisions of said state
statutes are incorporated in this Chapter by this reference and made a part hereof. References in the Mello-Roos
Community Facilities Act of 1982 to "this chapter" shall, when the provisions of that Act are being used as
incorporated in this Chapter of the Santa Barbara Municipal Code, be references to this Chapter of the Santa Barbara
Municipal Code. (Ord. 4834, 1993.)
4.70.030 Mello-Roos Community Facilities Act of 1982 - Amendments and Deletions.
A. SUBSTANTIVE REVISIONS OF THE MELLO-ROOS COMMUNITY FACILITIES ACT. Certain
provisions of the California Government Code, as incorporated by this Chapter, are hereby revised or deleted, as
follows:
1. Section 53317(a) of the California Government Code is amended to provide that "Clerk" means the City
Clerk of the City of Santa Barbara.
2. Section 53317(f) of the California Government Code is amended to provide that "Landowner" or "owner
of land" may include, when votes are apportioned based on maximum special tax, pursuant to Section 53326 (a) or (b)
and when the resolution of intention so indicates, a "business tenant."
3. Section 53317(g) of the California Government Code is amended to provide that "Legislative body"
means the City Council of the City of Santa Barbara.
4. Section 53317(h) of the California Government Code is amended to provide that "Local Agency" means
the City of Santa Barbara.
5. Section 53317 of the California Government Code is amended to add a paragraph (k) which reads as
follows:
(k) "Business tenant" means the owner or owners of a business located within a community facilities
district formed or proposed to be formed pursuant to this Chapter, where such owner or owners are not the owners of
the real property where the business is located, and where: (1) the business owner and the property owner agree in
writing that the business owner will be responsible for the payment of all or a portion of the special tax, should it be
levied, or; (2) the business owner can prove, by the terms of a lease or otherwise, that the obligation to pay any
special tax levied pursuant to this Chapter will fall in whole or in part upon such business owner or owners. A
business owner shall be a business tenant only to the extent of the special tax burden on the business owner shown by
such agreement or proof.
87-14 rev. 1/4/94