AGENDA
SAN RAFAEL CITY COUNCIL - FRIDAY, JUNE 21, 2024
SPECIAL MEETING AT 4:00 P.M.
SPECIAL CLOSED SESSION FOLLOWING ADJOURNMENT OF SPECIAL MEETING San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:
Watch on Zoom Webinar: https://tinyurl.com/ccsm-2024-06-21 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
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Members of the public may speak on Agenda Items.
CONSENT CALENDAR:
The opportunity for public comment on consent calendar items will occur prior to the City Council’s vote on the Consent Calendar. The City Council may approve the entire consent calendar with one action. In the alternative, items on the Consent Calendar may be removed by any City Council or staff member, for separate discussion and vote.
1. Consent Calendar Items:
a. Liability Claims Administration Services
Authorize the City Manager to Execute an Agreement with George Hills Company for the Provision of Third-Party Liability Claims Administration Services for a Five-Year Period, In an Amount Not to Exceed $574,000 (CM)
Recommended Action - Authorize the City Manager to approve a five-year agreement with George Hills Company to provide third-party liability claims administration services in an amount not to exceed $574,000
PUBLIC HEARINGS
2. Public Hearings:
a. Planning Commission and Design Review Board Consolidation Introduction of An Ordinance Amending Titles 2 – Administration of the San Rafael Municipal Code to Add Design Professionals to the Planning Commission Membership Composition, and Amend Titles 14 – Zoning, and 15 – Subdivisions of the San Rafael Municipal Code, to Dissolve the Design Review Board and Transfer Existing Duties of the Design Review Board to the Planning Commission, or Zoning Administrator, or Director of Community and Economic Development (CC/CED)
Recommended Action – Introduce the ordinance, waive further reading of the ordinance, and refer to it by title only
2 OTHER AGENDA ITEMS
3. Other Agenda Items:
a. Memorandum of Understanding with the San Rafael Mid-Management Employee Association (SRMMEA)
Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for the San Rafael Mid-Management Employee Association (July 1, 2024, Through June 30, 2027) (CM/HR) Recommended Action – Adopt Resolution
b. Compensation for Unrepresented Mid-Management Employees Resolution Establishing the Compensation and Working Conditions for Unrepresented MidManagement Employees (July 1, 2024, Through June 30, 2027 (HR) Recommended Action – Adopt Resolution
ADJOURNMENT:
OPEN SESSION – COUNCIL CHAMBERS – FOLLOWING ADJOURNMENT
4. Mayor Kate to announce Closed Session items.
CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – FOLLOWING ADJOURNMENT
5. Closed Session:
a. CONFERENCE WITH LABOR NEGOTIATORS – GOVERNMENT CODE SECTION 54957.6 Lead Negotiators: Timothy L. Davis and Allison B. Hernandez (Burke, Williams & Sorensen) Agency Designated Representatives: Cristine Alilovich, Paul Navazio, Marissa Sanchez, and Angela Robinson Piñon
Employee Organizations: San Rafael Police Mid-Management Association; Public Employee Union, Local 1; San Rafael Firefighters’ Association; San Rafael Police Association; SEIU Local 1021; Western Council of Engineers; San Rafael Fire Chief Officers’ Association; San Rafael Mid-Management Employee Association; Unrepresented Executive Management Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection online and at City Hall, 1400 Fifth Avenue, and placed with other agendarelated materials on the table in front of the Council Chamber prior to the meeting. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing [email protected] or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. To request Spanish language interpretation, please submit an online form at https://www.cityofsanrafael.org/request-for-interpretation/. ____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: SM 1.a
Meeting Date: June 21, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Heather Davis,
Risk Manager
City Manager Approval: ______________
TOPIC: LIABILITY CLAIMS ADMINISTRATION SERVICES
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GEORGE
HILLS COMPANY FOR THE PROVISION OF THIRD-PARTY LIABILITY CLAIMS
ADMINISTRATION SERVICES FOR A FIVE-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $574,000
RECOMMENDATION:
Authorize the City Manager to approve a five-year agreement with George Hills Company to provide third-party liability claims administration services in an amount not to exceed $574,000.
BACKGROUND:
The City has historically contracted with a third-party administrator to manage claims adjustments, investigations, and other liability claims, as well as administrative functions for property damage and personal injury claims made by third parties against the City.
In 2001, after an extensive Request for Proposals (RFP) process to qualify, investigate, and interview candidates to administer the City’s third-party liability claims, the City awarded a contract to George Hills Company, a long-established Northern California provider of third-party liability claims administration for public entities. Since then, George Hills has handled the City’s liability claims from its Sonoma and Solano County offices. The claims have been handled efficiently, promptly, and at a reasonable cost.
The City’s current agreement for services with George Hills Company is scheduled to expire on June 30, 2024.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
City staff are satisfied with the services provided by George Hills Company. The City’s account manager has actively and very successfully investigated and resolved third-party claims and diligently supported the City Attorney's Office in supervising litigation of those claims that have not been resolved at an early stage.
The proposed contract cost covers all claims administration services. It provides additional administrative services, including direct access to the company's claims data system, the provision of monthly reports and loss runs, assistance with audits, and filing of regulatory reports.
City staff has confidence in the company’s ability to effectively manage the City’s liability claims and recommends renewal of the company’s contract for a five-year term.
FISCAL IMPACT:
The total cost of the current year contract is $98,000. The total cost, including Administrative and Reporting Fees, would be $574,000 over five years. The first-year costs are accounted for in the proposed FY 2024-25 budget as part of the City's general liability internal service fund. The table below contains a summary of the costs over the term of the agreement. However, there is a provision in the contract that allows the City the ability to terminate the contract with 90 days’ notice.
Year: 2024-25 2025-26 2026-27 2027-28 2028-29
Cost: $101,500 $105,000 $109,000 $113,500 $117,500
Percent Increase: 3.6% 3.3% 3.6% 3.9% 3.5%
OPTIONS:
The City Council has the following options to consider on this matter:
1. Authorize contract as recommended by staff approving a five-year agreement.
2. Authorize contract with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Authorize the City Manager to approve a five-year agreement with George Hills Company to provide third-party liability claims administration services in an amount not to exceed $574,000.
ATTACHMENTS:
1. July 1, 2024- June 30, 2029 Agreement for Claims Adjusting and Administration Services Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 1 of 26
CLAIMS ADJUSTING AND ADMINISTRATION
SERVICE CONTRACT BETWEEN
THE CITY OF SAN RAFAEL AND GEORGE HILLS COMPANY, INC.
Contractual Period: 2024-2029
This Contract is made, entered into, and shall be effective as of, this 1st day of July, 2024 by and between the CITY OF SAN RAFAEL, hereinafter referred to as “CLIENT,” and GEORGE HILLS COMPANY, INC., hereinafter referred to as “GH.”
GH is a California Corporation doing business as licensed, independent insurance adjusters and administrators, with John Chaquica, Chief Executive Officer, responsible for contract compliance, terms and corporate governance. Chris Shaffer, Chief Operating Officer, shall oversee the daily operations. The company's corporate office is located at P.O. Box 278, Rancho Cordova, California, 95741, telephone, (916) 859-4800.
The CLIENT islocated at 1400 Fifth Avenue, San Rafael, CA 94901.
IT IS HEREBY AGREED by and between the parties signing this contract as follows:
1. GENERAL
CLIENT is desirous of availing itself of liability and property claims adjusting and administration services. GH is a Third-Party Claims Administrator handling self-insured claims and is ready to and capable of performing such services. As such, GH may act as a representative of the CLIENT when directed for the investigation, adjustment, processing, and evaluation of general liability claims or incidents filed by third parties against the CLIENT, or against parties for whom the CLIENT is alleged to be legally responsible, which are premised upon allegations of willful, intentional, negligent, or careless acts and/or omissions (“CLAIMS”).
2. SCOPE OF SERVICES
GH agrees to provide complete claim handling services on each accident or incident, as directed by CLIENT. Each CLAIM will be subject to the Scope of Services and Client Expressed Authority and Limitations form, attached hereto as Attachment A. CLIENT shall determine the scope of services to be provided by GH by signing the Scope of Services and Client Expressed Authority and Limitations for each Contract. The Scope of Services and Client Expressed Authority and Limitations form shall be the controlling document for the scope of claims adjusting services to be provided by GH for CLIENT and may be amended as needed during the Contractual period. Changes to the Scope of Service to be provided by GH which do not effect or alter the compensation due under the terms of this Contract may be agreed to by informal memorandum. The duties, responsibilities, and agreements contain in Attachments A, B, C, D and are also incorporated into the Scope of Services as though fully set forth herein.
3. DENIAL, COMPROMISE, OR SETTLEMENT OF CLAIMS
It is agreed that CLIENT has granted no authority to GH for the purpose of compromising, settling, and paying any claims against CLIENT being handled by GH. GH will issue payment for legal expenses as defined in the Client Expressed Scope of Work form. Prior approval to compromise or settle any claim or pay any expense will be obtained from the designated claims officer or employee on matters exceeding the authority granted above.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 2 of 26
4. FILE RETENTION
GH shall serve as the custodian of the client’s data, for documents related to each of the claims subject to this agreement only, and as such shall electronically retain all related records through the life of this contract. Upon termination of this contract and following full payment of all compensation due, GH shall electronically transfer all data pertaining to all claims, either to the CLIENT or to a recipient designated by the CLIENT, within 30 days of termination and final payment. CLIENT and GH may agree via a separate signed agreement to retain records and/or data for a longer period of time, but in the absence of such separate agreement, GH will remove all data received, held, used, or stored in relation to George Hill’s performance pursuant to this contract, from its system after 30 days from termination.
5. CONFIDENTIALITY
All data, documents, discussions, or other information developed or received by or for GH In performance of this Contract are confidential and not to be disclosed to any person except as authorized by CLIENT or CLIENT’s designee, or as required by law.
6. CONFLICT OF INTEREST
In the event GH receives a claim from the CLIENT in which there arises a "conflict of interest," GH shall immediately notify CLIENT, and suggest handling instructions in the address of the conflict. CLIENT may then, at their expense choose to hire another well-qualified claim firm to handle that particular claim to a conclusion. GH covenants that it presently knows of no interest, direct or indirect, which would conflict in any manner with the performance of services required under this contract.
7. CLIENT RESPONSIBILITY
CLIENT agrees that it shall:
1) Collaborate with GH as reasonably necessary for GH to perform its services including establishing, drafting, and agreeing to a complete set of Claim Handling Instructions which provide direction and guidance related to the services. 2) Provide direction to GH as requested regarding particular project requirements. 3) Communicate any changes in expectations and/or in the event GH is not performing in an acceptable manner so GH can immediately address such changes and/or performance issues.
4) Identify a primary contact person(s) for the account as well as for billing and loss run submission. In addition, CLIENT shall be responsible for reporting all changes in the primary point of contact to GH. CLIENT shall identify an individual as the contact person for provision of and communications concerning Certificates of Insurance as required herein.
5) Be responsible for reporting to GH all Bodily Injury Claims in addition to all other items noted in Attachment B to this Contract “Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA).”
6) Be responsible for updating GH on any changes to coverage/policy language; including limits, retentions/deductibles and coverage changes before the start of each policy term.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 3 of 26
7) Obtain any necessary consent in the collection of any CLIENT data that is transmitted to a third party (i.e., lawyer, actuary, or auditor). CLIENT shall provide GH with reasonable assurances that it has the necessary consent to transmit CLIENT data to a third party. CLIENT acknowledges that the claims data may contain confidential and/or protected health information (“PHI”). In the event CLIENT authorizes and directs GH to provide claims data to a third party, CLIENT will indemnify, defend and hold harmless GH from and against all claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from:(i) any action against GH that is based on any negligent act or omission of CLIENT or a third party in transmitting and/or disclosing the PHI and/or claims data; or (ii) the violation of any state or federal statute, ordinance, or regulation by CLIENT or a third party in transmitting and/or disclosing the claims data.
8. COMPENSATION, FEES AND EXPENSES
The following compensation, fees and expenses, shall be paid in consideration for the services provided by GH as described in this Contract at Section 2 – Scope of Services. This Section shall remain in force and services provided during the entire term of this Contract, unless otherwise amended pursuant to Section 19 and/or 20 of this Contract.
The compensation to be paid pursuant to this Contract are comprised of three distinct categories:
A: “Administrative Services”
B: “Fees for Claim Adjusting Services”
C: “Allocated Costs/Expenses”
The Fees and Costs/Expenses pursuant to subsections “A”, “B”, and “C” will be billed together monthly in a standard invoice format utilized by GH. Additionally, if the CLIENT elects any optional services identified subsections “F” or “G” below, all additional amounts will also be billed together monthly where applicable.
A. Administration Services
1) Annual Administration Fee: $5,000 which is billed annually at the beginning of the Contract period and thereafter upon the anniversary of the Contract. 2) MMSEA: There is a $500 annual reporting fee, charged to support our contract with our service provider for reporting to CMS. This fee is billed annually at the beginning of the Contract period.
3) System Access Fee: Access to the claims management information system, “CMIS”, which includes the setup and management of up to five (5) “read only” user accounts. “Read/write” access to the system can be obtained for an additional fee. 4) iMetrics Report Fee: There will be no charge for our iMetrics business intelligence reports with executive in-person debriefs.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 4 of 26
5) George Hills Client Portal: GH operates a client interface which is intended to provide the CLIENT with information regarding claims related and loss information. CLIENT will be provided with access for two (2) users at no additional cost. 6) Custom Reports: Additional charges for custom reporting shall be defined as, requiring a thirdparty programmer for three hours or more and is client specific. 7) Catastrophic Fees: GH recognizes that there are events that are unanticipated and/or catastrophic. When such events occur, it requires additional hours for the handling of such claims which could not be estimated or included in the Annual Fixed Fee calculation contained herein. As such, to preserve the quality and efficiency of service, when such an event is deemed to be catastrophic by any entity providing excess coverage, the California Department of Insurance, the Insurance Services Office, or any local, state, or federal government declares a State of Emergency in relation to the subject matter upon which the claim is based, or upon agreement of the CLIENT and GH, should any one event occur resulting in five or more claimants alleging loss out of the same designated event, or two or more claimants with their own attorneys, GH will bill the CLIENT on a time and expenses basis at the current hourly rate for all services. These claims will be identified for separate billing procedures and will not be counted in the claims frequency which serves as the underlying basis for the Fixed Fee calculation applicable for the next year in the contract period. Current hourly rates*:
Claims Supervisor: $131/hour*
Claims Adjuster: $105/hour*
Claims Processing: $86/hour*
8) Fixed Fee Annual Recalculation: GH reviews and analyzes the claims frequency annually.
Within 30 days of the end of each 12-month period from the date the work under the contract is initiated, GH will provide notice to the CLIENT of the actual number of claims received for the preceding 12 months. If the claims frequency exceeds the base number of 60 by greater than 10%, GH will provide a new Annual Fixed Fee calculation based on the change in frequency. The new Annual Fixed Fee will begin on July 1st of the next year in the Contract term. If the frequency changes in an amount of 10% or less, there will be no change in the Annual Fixed Fee calculation.
9) Annual Fee Escalator: Notwithstanding any change in the Annual Fixed Fee recalculation, the Annual Fixed Fee and all hourly rates in this Contract shall be adjusted at the beginning of the second year of the term by the lesser of, 5% or in accordance with the changes in the Consumer Price Index (CPI-U) for all Urban Consumers for the Los Angeles Area using the annual percentage change published in the most recent month, but in any event such increase shall not be less than 3%.
10) General File: A general administrative file shall be established and maintained to track effort related to services necessary to fulfill our contractual obligations and not otherwise associated with a claim.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 5 of 26
11) Paper Files: GH is prepared to take the lead to arrange for all services relating to conversion storage, copying, scanning, shipping, and disposal. GH will provide you a quote for any services related to storage, retrieval, copying, scanning, shipping, and disposal of paper files.
B. Fees for Claim Adjusting Services
1) Annual Fixed Fee In exchange for the services provided under this Contract by GH, CLIENT shall pay to GH the following Annual Fixed Fee(s).
Fixed Fee
Year One July 1, 2024-2025 $101,500
Year Two July 1, 2025-2026 $105,000
Year Three July 1, 2026-2027 $109,000
Year Four July 1, 2027-2028 $113,500
Year Five July 1, 2028-2029 $117,500
*All Fee options are subject to the Annual Fee Escalator described above.
C. Allocated Costs/Expenses
GH will charge to the CLIENT both allocated and non-allocated costs and expenses incurred pursuant to this Contract as stated herein and defined further in Attachment D, “Allocated Expenses.”
1) Mileage Reimbursement: Mileage traveled will be paid at the IRS rate in effect at the time the mileage is travled. This section applies to mileage which can be allocated to a specific claim and also mileage which is not allocated to any claim, such as attendance at claim review, board and/or committee meetings requested or required by the CLIENT. 2) Adjuster Travel Expenses: GH will separately charge for any travel expenses in connection with attendance at mediations, settlement conferences, trials, etc. This will be subject to prior approval and actual expenses will be submitted with receipts on a monthly basis.
This section applies to travel expenses which can be allocated to a specific claim and also travel expenses which are not allocated to any claim, such as attendant at claim review, board and/or committee meetings.
D. Payment Schedule
GH will submit its invoices to CLIENT, and payment shall be made by CLIENT, within a reasonable period of time, not to exceed thirty (30) days from the date of the invoice.
E. Electronic Funds Transfer Or Direct Deposit
GH has determined that the most efficient and secure default form of payment for goods and/or services provided under Contract with CLIENT shall be Electronic Funds Transfer (EFT) or Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 6 of 26
direct deposit, unless an alternative method of payment is deemed appropriate by both GH and CLIENT and agreed to in writing.
GH will submit a direct deposit authorization request via to CLIENT with banking and vendor information, and any other information that the CLIENT determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.
At any time during the duration of the Contract, GH may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and GH will explain why the payment method designated by the CLIENT is not feasible and an alternative is necessary.
F. First PartySubrogation Services And Fees
GH is a claim administration firm experienced in the handling of first party subrogation claims and is ready and capable of performing such services on behalf of CLIENT. The fee for these services is 30% of the gross recovery. CLIENT elects to incorporate the Subrogation Services, as desired and as described more fully in Attachment A, Scope of Services and Client Expressed Authority and Limitations, Section (I)(K).
G. Optional Services
GH employs “in-house” attorneys which have vast experience in claims and litigation handling, problem resolution, issue identification and investigation, and advice and consultation, for all types of claims and issues which may arise for a public entity. Should the special circumstance arise whereby CLIENT requests additional services by a GH attorney, including those identified in the list below, the services will be provided on a time and expenses basis and at the rate of $225.00 per hour, billed using 1/10th of an hour increments for each task performed on a claim or issue.
The fees charged for these services will be in addition to any other compensation defined in this Litigation Management
Monitoring Counsel
Outside General and Special Counsel
Trial/Mediation/Board Meeting Attendance
Legal Training and Seminars
GH can also provide Professional and Financial Services related to risk management and loss prevention in alignment with the scope of services for the same rate referenced above.
NOTE: These services are traditionally Time and Expense, however an annual fee can be considered.
9. TERM AND TERMINATION
Term: The term of this contract shall be for five (5) years commencing on July 1, 2024 and remaining in full force and effect through and including June 30, 2029. Either party may terminate this contract for any reason upon issuing a ninety (90) day written notice to the other party pursuant to Section 18 of this Contract.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 7 of 26
Termination for Convenience: CLIENT may at any time and for any reason terminate this Contract upon ninety (90) days written notice to GH pursuant to Section 20 of this Contract.
Notice shall be deemed served on the date of mailing. Upon receipt of such notice, GH shall discontinue services at the end of the 90-day period in connection with the scope of services of this Contract. Upon such termination, GH shall be entitled to payment from CLIENT for services completed and provided through the date of termination, per Section 8.
Upon completion of data conversion and return of data back to CLIENT (electronic and/or hard copy), GH will destroy any remaining files.
10. FAIR EMPLOYMENT
It is the policy of GH to provide fair and equal treatment to all staff members. GH is an Equal Opportunity Employer and does not discriminate in any way against any person on the basis of age, race, sex, color, national origin, national ancestry, physical disability, medical condition, mental disability, religion, creed, marital status, sexual orientation, gender identification, gender expression, use of family care leave or any other classification deemed protected by law.
11. INDEPENDENT CONTRACTOR
In performing claims administrative services herein agreed upon, GH, and all GH employees, shall have the status of an independent contractor of the CLIENT and shall not be deemed to be an officer, employee, or agent of CLIENT.
12. INDEMNIFICATION
GH will defend, indemnify, and hold harmless CLIENT from and against all claims, demands, actions, or causes of action arising directly or indirectly from the negligent action, conduct, or failure to act by GH personnel (“Indemnity Event”), except that indemnity under this section does not apply with respect to any claim, demand, action, or cause of action arising out of the sole negligence or willful misconduct of the CLIENT. This right to indemnity shall not cover any claims in which there is a failure to give GH prompt and timely notice, within thirty (30) days of notice received by the CLIENT which implicates this provision, but only if and to the extent that such failure materially prejudices the defense of such claims. For an Indemnity Event, the maximum amount recoverable by CLIENT against GH for damages and costs (inclusive of attorneys’ fees) is limited to the insurance policy limits, of the policy which covers the Indemnity Event held by GH, in place at the time of the Indemnity Event.
CLIENT will defend, indemnify, and hold harmless GH, and/or employees of GH, from and against all claims, demands, actions, or causes of action, which may arise, from the action, conduct, or failure to act by CLIENT. In any cases subject to this indemnity provision, wherein GH, or any employee of GH, is named in a filed or verified complaint simply by virtue of the fact it is the CLAIMS ADMINISTRATION firm, or an employee thereof, on a given claim, the CLIENT will defend GH, and/or its employees, at no cost to GH or its employees.
13. INSURANCE
GH shall obtain, keep and maintain insurance, and provide CLIENT with Certificates of Insurance duly executed by an authorized representative of insurance company or companies authorized to transact business in the State of California, which shall evidence that the GH has in full force and effect:
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 8 of 26
1) Commercial General Liability coverage applying to bodily injury, personal injury, and property damage with limits of $1,000,000 per occurrence; 2) Professional Liability coverage with limits of $3,000,000 per Claim/Annual Aggregate; 3) Workers’ Compensation coverage with limits as required by California statutes and regulations; and waiver of subrogation for WC in favor of GH. 4) Fidelity Coverage for theft of CLIENT’s property in the amount of $1,000,000 per loss. 5) Cyber/Internet Liability coverage with limits of $2,000,000.
GH shall include CLIENT as an additional insured under the Commercial General Liability insurance referenced above by endorsement or policy wording.
GH will provide thirty (30) days written notice, prior to the cancellation or reduction in insurance coverage will be provided.
During the on-boarding process, the CLIENT shall identify person or location for transmission of Certificates of Insurance.
14. EMPLOYEE SOLICITATION
During the period of this contract, and for a period of one (1) year thereafter, GH agrees not to solicit for employment any CLIENT employee contacted during the performance of this contract. During the period of this contract, and for a period of one (1) year thereafter, CLIENT agrees not to solicit for employment, or employ either directly or by contract, any employee of GH contacted by the CLIENT during the performance of this contract. In the event that CLIENT solicits an employee of George Hills who performed services on behalf of CLIENT pursuant to the Agreement, CLIENT agrees to pay a fee equal to one year of the employee’s salary.
15. PERMITS, LICENSES, CERTIFICATES
GH, at GH’s sole expense, shall obtain and maintain during the term of this Contract, all permits, licenses, and certificates required in connection with the performance of services under this Contract, including appropriate business license.
16. ARBITRATION
GH and CLIENT agree that in the event of any dispute with regard to the provisions of the Contract, the services rendered or the amount of GH’s compensation and the dispute cannot be settled through informal negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Contract shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 9 of 26
purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session. The mediation may continue after the commencement of arbitration if the parties so desire. Any arbitration arising out of or related to this Contract shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Contract, including Rules 16.1 and 16.2 of those Rules. In any arbitration arising out of or related to this Contract, the arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.
17. FORCE MAJEURE CLAUSE.
GH shall be relieved of any liability if unable to meet the terms and conditions of this Contract due to any "Act of God", natural disasters such as earthquake or fires, floods, riots, epidemics, pandemics, including COVID-19 regulations or restrictions issued by federal, state or local governmental authorities, strikes, or any act or order which is beyond the control of GH, provided GH takes all reasonable steps practical and necessary to effect prompt resumption of its responsibilities hereunder.
18. NOTICES
All notices to GH shall be sent via electronic mail (preferred), or U.S. Mail, postage prepaid, to he following address:
GH
George Hills Company
Attn: John Chaquica, CEO
P.O. Box 278
Rancho Cordova, CA 95741
E-Mail: [email protected]
All notices to the CLIENT shall be personally served or mailed, postage prepaid, to the following address:
Client:
Robert F. Epstein
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
415-485-3080
[email protected]
This Section only, regarding Notices, may be amended unilaterally by either party by and through the communication of new or amended contact information to the other party via email at any time. GH will provide a form to the CLIENT by which it may amend or update the information stated in this section.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 10 of 26
19. AMENDMENT
GH and CLIENT agree that the terms and conditions of the Contract may be reviewed or modified at any time. Any modifications to this Contract, however, shall be effective only when agreed to in writing by both the CLIENT and GH, excepting only, modifications to the contact information to which Notices shall be sent under Section 18. Changes to the Scope of Service to be provided by GH which do not effect or alter the compensation due under the terms of this Contract may be agreed to by informal memorandum.
20. AMENDMENT DUE TO GOVERNMENTAL, POLITICAL, OR LEGISLATIVE CHANGES GH and CLIENT agree that governmental, political, or legislative changes may impact the work of GH and CLIENT on behalf of CLIENT members. GH reserves the right, for the benefit of both parties, to require an amendment to any portion(s) of this Contract, expressly including the compensation, fees, and expenses stated in Section 8, in response to any change to, addition or deletion of any statute, rule, regulation, or policy which materially impacts the liability of public entities in California, damages for which public entities may become responsible, and/or the handling, administration, adjustment, payment, and/or reporting related to services performed under this Contract.
21. CONTRACTOR NOT A PUBLIC OFFICIAL
Neither GH, nor any employee of GH, is a "public official" for purposes of Government Code §§ 87200 et seq. GH conducts research and arrives at conclusions, provides advice, recommendation, or counsel independent of the control and direction of the CLIENT or any official of the CLIENT, other than normal contract monitoring. In addition, GH possesses no authority with respect to any CLIENT decision beyond these conclusions, advice, recommendation, or counsel.
22. ENTIRE CONTRACT
GH and CLIENT agree that this Contract constitutes the entire Contract of the parties regarding the subject matter described herein and supersedes all prior communications, contracts, and promises, either written or oral.
23. TIME OF ESSENCE
Time is of the essence in respect to all provisions of this Contract that specify a time for performance: provided, however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Contract.
24. COUNTERPARTS
This Contract may be signed in counterparts, each of which is an original, and all of which together constitute this Contract
IN WITNESS WHEREOF the parties represent and warrant they each of them have read, understand, and negotiated the terms and conditions contained herein, and agree to be bound by all terms and conditions of this Contract as outlined in this document and all attachments and/or exhibits included herewith, which are fully incorporated into the Contract.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 11 of 26
Approved as to Content:
_________________________
Cristine Alilovich, City Manager
The City of San Rafael
_______________________________
John E. Chaquica, CEO
George Hills Company, Inc.
_______________________________
Chris Shaffer, COO
George Hills Company, Inc.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 12 of 26
ATTACHMENT A
SCOPE OF SERVICES AND CLIENT EXPRESSED AUTHORITY
AND LIMITATIONS UNDER THE CONTRACT
This Attachment A is intended to provide the Scope of Services referenced in Section 2 of the Contract and also the specific service expectations in the Contract, that would not otherwise require revision during the Contract period, and which may differ from, or elaborate upon, our Client Service Profile. Services to be provided by GH on behalf of CLIENTS may include some or all of the following, I. SERVICES INCLUDED IN THE CONTRACT
A. General Administrative Services
Throughout each year GH performs numerous functions which support claims administration on behalf of the Client, but do not include any claims handling, and are performed by non-claims personnel. Additionally, in the first year of a new client there are several “on-boarding” services that are general and administrative in nature.
Below is a list of such services which are included within the terms of this Contract:
1) Claims Management Information System (“CMIS”) Services and Reports a. Access to CMIS and training.
b. A monthly listing of open claims, showing expense categories, reserves, and total incurred.
c. Monthly claim summary reports.
d. Monthly hours and claims data detail for billing.
e. Providing loss run data and required reports.
f. Access to GH Client Portal.
2) Providing annual reports to outside agencies.
3) Filing of regulatory reports (such as 1099, W-9, etc.). 4) Trust Account
a. Establish and maintain a trust account to pay indemnity and expenses that may be due on claims. The amount to be maintained in the trust account shall be determined by CLIENT.
b. If the trust account is set-up with the GH preferred bank—California Bank and Trust, GH covers the cost of Positive Pay and Payee Match. c. If the CLIENT prefers an alternate bank, there may be an additional set-up fee (other banks processes can be extraordinarily time consuming). d. New bank account set up (signature cards, test checks, online access, set up bank in CXP).
e. Discussion and agreement on the approval process.
f. Preparation of W-9.
g. Process checks weekly.
h. Submit positive pay if applicable/monitor positive pay (review daily emails from bank for exceptions).
i. Maintain a copy of all checks drawn by GH to pay claims and claims related expenses.
j. Submit monthly check registers of all transactions made for the period.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 13 of 26
k. Monitor account balance and prepare replenishment requests monthly. Where replenishment of the account is required more than once per month, an additional administration fee may be required.
l. Monthly bank reconciliation (prepared and sent to CLIENT). m. Payment of invoices that are pass-throughs (i.e., invoices for medical record copies, ExamWorks, etc.).
n. Respond to special funding requests arising out of the settlement of a claim or case and funding thresholds as defined in the Claim Handling Instructions. In the event that more than two special funding requests are required in a month, an additional fee will apply.
5) Certificates of insurance as required by the Contract. 6) Annual Service
a. Respond to outside financial auditors.
b. Provide reports to CLIENT actuaries and claims auditors c. Submit GH SSAE 16 reports, or the current equivalent. d. Providing annual reports to outside agencies.
e. Filing of regulatory reports such as 1099, W-9, etc. 7) Account Management
B. Investigative Services
1) Receipt and examination of all reports of accidents or incidents that are or may be the subject of claims.
2) Investigate accidents or incidents as warranted, to include on-site investigation, photographs, witness interviews, determination of losses and other such investigative services necessary to determine all CLIENT losses but not to include extraordinary investigative services outside the expertise of GH.
3) In the event CLIENT or other agency conducts any investigation, and upon Client’s request, GH shall review and analyze for liability and/or damage issues and for possible additional follow-up investigation.
4) Maintain service on a 24-hour, 7 days per week basis, to receive reports of any incident or accident which may be the subject of a liability claim and provide immediate investigative services to the extent necessary to provide a complete investigation. 5) Undertake items of investigation requiring special handling for CLIENT at the direction of the CLIENT’s Attorney or authorized representative.
C. Liability and Claim Handling Services
1) Promptly set up a claim file upon receipt of the claim and maintain a claim file on each potential or actual claim reported.
2) Assess and evaluate the nature and extent of each claim and establish claims reserves for indemnity and legal expense.
3) GH will follow any CLIENT policy regarding tort claim rejection instructions, including rejection and return of an untimely or insufficient claim. 4) Ensure timely tort claim handling, including contact and follow-up with claimants regarding claim issues and processing.
5) Any bodily injury claim that is being pursued shall be indexed. Notice only matters or precautionary bodily injury claims that are not pursued do not need to be indexed. 6) Determine the need for defense representation, recommend legal counsel, and support litigation activity.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 14 of 26
7) Report claims to the excess insurer in compliance with excess carrier’s reporting requirements and coordinate with the excess insurer on a claim’s progress in accordance with the excess insurer’s reporting requirements.
8) Maintain records on any such claim and notify CLIENT when CLIENT is about to exhaust the Self-Insured Retention.
9) Obtain settlement contracts and releases upon settlement of claims or potential claims not in litigation.
10) Perform periodic reviews, as needed, of CLIENT files and claims as well as statutory requirements to ensure compliance including excess insurance related requirements. 11) Perform the necessary data gathering for the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) and the Set Aside Contracts in compliance with Section 111 of the MMSEA including the required reporting. (See Attachment B) 12) To the extent there is privileged information or PHI shared between agencies, which is subject to protection under HIPAA, GH shall implement all necessary measures in compliance with the Act and will execute a Business Associates Agreement (BAA).
D. Litigation Support Services
1. Upon notification by the CLIENT that litigation has been filed naming CLIENT or any of its members, GH shall follow the instructions outlined in the Client Expressed Scope of Work Instructions form. GH will work collaboratively with CLIENT to post all legal payments and expenses and to ensure that all financial activities related to the case are recorded in the system for inclusion on a formal loss run which will be provided to the CLIENT.
2. The CMIS operated by GH will serve as the repository for the CLIENTS’s legal file pertaining to the litigation.,
3. GH will collaborate with the CLIENT to ensure that there is a process such that the file contents include the following documents and information:
1. Operative Summons and Complaint
2. Case evaluations from defense counsel
3. A summary or copy of any discovery motions
4. Summary of discovery efforts and evidence obtained
5. Expert Witness Reports and summary of expected testimony
6. A summary or copy of dispositive motions
7. Mediation or settlement conference statements of all parties
8. Settlement demands or offers from any party
9. A copy of any Judgment, arbitration award, or Jury verdict
10. Any Court order of significance to liability in the case
11. Appellate documents including open and responsive briefs and opinions or decisions issued by the Court.
E. Litigation Management and Support Services (optional) 1) Claims Processors, Adjusters and/or Supervisors will perform the following services in relation to litigated, or to-be-litigated, claims:
• Upon notification by the CLIENT that litigation has been filed on an open claim, GH shall follow the litigation referral process as outlined in the Client Expressed Scope of Work Instructions form.
• Work cooperatively with CLIENT in choosing outside counsel from approved panel and assist defense counsel in on-going litigation defense efforts.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 15 of 26
• Obtain and maintain a Litigation Plan and Budget.
• Review legal bills in connection with Litigation Plan and Budget; Review, evaluate and adjust defense counsel invoices for legal services in cooperation with the CLIENT.
• Cooperate with and assist defense counsel assigned to litigation of open claims and provide such investigative services as directed during pre-trial and trial stages. • Assist in responding to discovery or preparing discovery. • At the request of the CLIENT, attend mandatory settlement conferences on behalf of CLIENT.
• Appear on behalf of CLIENT in small claims actions filed against CLIENT on open claims handled by GH.
• Review and evaluate case evaluations, correspondence and status reports forwarded to GH by counsel. Regularly discuss, review, and direct investigation, discovery, and case strategy with counsel.
• Cooperate with counsel and litigation manager as a team with an open communication approach on each case to obtain the most economical and best result for the CLIENT.
2) Litigation Managers may perform the following services:
a. For designated claims identified as having a complex nature or potential high level of exposure, including coverage issues:
• Review to determine proper handling throughout the life of the claim and/or litigation
• Assess excess coverage reporting requirements and potential issues related to coverage and advise GH personnel of the need for reporting • Identify the need for evidence preservation including scope and duration • Assess need for early intervention by and assignment to defense counsel where appropriate
• Assess need for early retention and evaluation by expert witnesses • Review case evaluations, correspondence and status reports forwarded by defense counsel to advise CLIENT on proper handling including settlement, trial, and/or appellate work
• Monitor the case and advise on updating reserves and financial information on the file to maintain current and accurate loss information • Provide advice on and/or assign defense counsel and ensure that a plan of action, budget, and evaluation of the case is prepared and maintained on designated cases
• Obtain, review, and analyze status reports of defense counsel and participate in selection of strategy, need for motions, retention of experts, trial preparation and trial, and appellate work
• Cooperate with counsel, claims supervisor and adjuster as a team with an open communication approach on each case to obtain the most economical and best result for the CLIENT
• Appear at mediations and settlement conferences
b. For non-claims related matters:
• Evaluate defense attorney case load and areas of practice to ensure consistent handling between cases with similar subject matter Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 16 of 26
• Where appropriate, will analyze the work of defense counsel and participate in the selection of new counsel or correction of existing counsel where appropriate
• Provide input on the selection and retention of new defense counsel whether to retain off-panel counsel for a specific claim or case, or through participation in the RFP process whereby new firms and/or attorneys are added to the County’s defense attorney panel.
• Provide independent analysis of risk exposure not only based on education, training, and experience the Litigation Managers, but also based on litigation trends across the state for similar cases, incidents, and legal issues.
F. Reports and Procedures
1) Within thirty (30) days of assignment, or sooner if practicable, required, or requested, GH will provide CLIENT with a report pursuant to specified claims handling instructions, showing name(s) of claimant(s), type of claim, date of loss, comments on liability, reserve recommendations, settlement recommendations, and other pertinent information.
Subsequent to the initial thirty (30) day report, GH will report as often as warranted by any important change in status but no longer than every ninety (90) days until the claim closes unless extended diary is appropriate.
2) All original reports, documents, and claim data of every kind or description, that are prepared in whole or in part by or for the GH in connection with this contract shall be CLIENT's property and constitute the GH’s work product for which compensation is paid.
A copy of all reports, documents, and claim data of every kind or description that is in whole or in part by or for the CLIENT is the property of GH. Additional copies of original reports, documents, and data requested by CLIENT will be at CLIENT’s expense in accordance with this contract.
3) GH agrees that CLIENT have access and the right to audit and reproduce any of the GH’s relevant records to ensure that the CLIENT is receiving all services to which the CLIENT is entitled under this Contract or for any purpose relating to the Contract.
G. Data
1) Utilize GH’s claims management information system. CLIENT will be provided “read-only” access to the claims system. “Read-write” access may be obtained at the CLIENT’s additional expense.
2) Record all claim information including all financial data. 3) Provide CLIENT and broker Read only on-line access to the claims data system (up to five users), if desired by CLIENT.
4) Provide monthly standard loss run and check register. 5) Provide annual claims data report upon request. Written authorization and/or a Business Associate Agreement may be required for confidential information protected by HIPAA. 6) Provide assistance to CLIENT in developing customized reports when requested (may require additional charge).
7) Arrange for electronic file conversion for any open and closed claims at the direction of CLIENT.
H. Claim Review Meetings
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 17 of 26
GH shall, on a mutually agreed periodic basis, meet with Client to review and discuss the CLIENTS claims inventory and claims results of specified periods and delivery of services by CLAIM ADMINISTRATOR. GH will attend four (4) claims review meetings annually with two (2) of the meetings tp be attended in-person and an agreed upon location and two (2) of the meeting to be held remotely by phone or video conference.
I. Financial Accounting
1) Establish and maintain a trust fund for the purpose of paying indemnity and expenses that may be due on the claims. The amount to be maintained in the trust fund shall be determined by the Client.
2) Maintain a copy of all checks drawn by the GH to pay claims and claims related expenses. 3) Submit monthly check registers of all transactions made for the period. 4) Complete or update Attachment B “Preferred Method of Check Processing” for check processing options.
5) Approval process shall be documented in GH Client Expressed Scope of Work Standards and Instruction Form.
6) GH will provide monthly bank reconciliation reports to CLIENT for audit purposes.
J. Third Party Subrogation Services
In any claim in which CLIENT is alleged to be liable or case in which CLIENT is a named defendant, GH will identify additional parties to that dispute which may also bear responsibility or liability for the damages claimed by the claimant(s) and/or plaintiff(s). Where additional individuals or entities are identified as having some responsibility, GH will perform the following services:
1) Identify to the CLIENT, the additional individuals or entities and the basis for potential liability.
2) Prepare and file a claim with each identified individual or entity. 3) As applicable, tender defense to or seek recovery from any identified individual or entity. 4) With client’s prior approval and with the assistance of counsel, GH will prepare and file, or caused to be prepared and filed, any necessary litigation required to affect the claim of recovery on behalf of the CLIENT.
5) Manage litigation related to such claims or cases made to or filed against the other individual or entity.
6) All costs and expenses of litigation filed pursuant to this section, including attorney fees for outside counsel where necessary and approved, will be paid by the CLIENT.
K. First Party Subrogation Services
In the event that CLIENT assigns first party subrogation claims to GH, CLIENT shall identify damages it has sustained which have a value of $1,000 or greater and for which any individual or entity is believed to be liable or responsible, the following may be performed:
1) CLIENT may authorize GH to act as a representative of CLIENT for the investigation, adjustment, processing, supervision, and evaluation of an ultimate recovery of potential money from the identified individuals or entities.
2) With prior approval of the CLIENT, GH my engage the services of one of the CLIENT’s litigation attorneys to consult, review, and determine the best legal strategy available leading to recovery for the CLIENT. Upon determination by the attorney that a civil action Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 18 of 26
is in the best interest of the CLIENT, GH will notify the CLIENT and obtain authorization to initiate litigation in accordance with the recommendations of the CLIENT and its attorney. 3) Where GH is able to recover money from an identified individual or entity, in addition to any other compensation identified in this contract, CLIENT will pay a Subrogation Fee in the amount of 30% of the gross amount recovered for each recovery obtained by GH. The minimum amount to be paid to GH will be $250 per claim upon recovery. However, GH has the authority to reject any claim for any reason, relieving the CLIENT of any fiscal responsibility for rejected claims only. The amounts due under this section shall invoiced to the CLIENT on a monthly basis following receipt of the recovery payment from the atfault party. 4) While GH is handling a subrogation claim for the CLIENT pursuant to the terms of this Contract, and the institution of a civil action is determined by the CLIENT to be the best course of action, CLIENT may elect to, at CLIENT’s expense, recall the claim to the CLIENT’s control so that CLIENT may pursue recovery in a manner in the best interest of the CLIENT. In the event the CLIENT recalls the claim as indicated above, or terminates the services of GH for any reason, CLIENT shall be responsible for payment to GH for any and all time and expense incurred by GH’s subrogation claim adjuster, and/or subrogation division staff, up to the time wherein the claim has been recalled by the CLIENT. 5) Where requested, GH shall consult with CLIENT on claims and other related matters not specifically assigned to GH for handling under this Contract. 6) GH reserves the right to cease working on any claim whereas information has not been made available to GH within 120 days after GH has submitted the information and/or documentation to the CLIENT, at such time, the claim will be closed. 7) Due to the nature of these services, in that compensation is contingent upon recovery, if the contract is terminated prior to recovery or other closure of any claim, the CLIENT shall pay GH for all expenses and time spent, to date, on any claims(s) currently open and recovery in process. Payment shall be based on the current hourly rate of GH of $95.00 per hour. GH will submit final invoice within five business days of termination. 8) All costs and expenses of litigation filed pursuant to this section, including attorney fees for outside counsel where necessary and approved, will be paid by the CLIENT. 9) GH does not handle subrogation claims with a value less than $1,000, unless a separate arrangement is established and agreed to..
10) Billing for Services and Payment to GH: The process preferred by GH is stated as follows:
A. Once recovery is agreed to between GH and the at-fault party and all documentation executed including a release, the at-fault party will issue a check to GH for the full agreed upon amount;
B. GH shall deposit the gross recovered funds into the GH Client Trust Fund.
C. Within ten (10) days after deposit, GH will issue the net payment to the CLIENT of the amount remaining after deduction of the fees to compensation GH based on this Contract.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 19 of 26
D. If CLIENT terminates the services of GH related to First Party Subrogation before the end of the Term, GH will invoice on a time and expense basis all work on claims for which collection has not been received by GH. The parties may discuss additional conditions under which payment may be made or work continued and may reach an additional agreement related thereto at the time of termination.
II. CLIENT EXPRESSED AUTHORITY AND LIMITATIONS
The list immediately below contains numerous services provided in this Contract for which GH requests the CLIENT expressly establish authority and/or limitations, on the ability of GH to act on behalf of the CLIENT. The CLIENT will check the appropriate box establishing the authority of GH to act or the limitation as to that authority.
GENERAL ADMINISTRATIVE SERVICES:
George Hills will establish and maintain a trust account for claim-related payments CLIENT will will make all claim-related payments
GH will send certificates of insurance to the following contact: Laraine Gittens, [email protected]
INVESTIGATIVE SERVICES:
George Hills will conduct all investigations
CLIENT will conduct all investigations
CLIENT will direct GH on each claim as to who performs investigations In the event the Client or other agency conducts any investigation, GH shall review for completeness.
Retention of Vendors (appraisers, translators, copy services, Independent Adjuster, IME’s, Surveillance, etc.):
Must be preauthorized by CLIENT
Does not need preauthorization
LIABILITY AND CLAIM HANDLING SERVICES:
CLIENTS position regarding rejections (e.g., if entity so dictates, a claim will be rejected for insufficiency). Check all that apply.
Protocols for Rejections
GH needs authorization
GH does not need authorization
GH sends the Rejection
CLIENT sends the Rejection
GH sends out Denial Letter simultaneously with Rejection outlining the reason Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 20 of 26
LITIGATION SUPPORT SERVICES:
Check all that apply.
CLIENT will handle litigated claims inhouse, with GH to capture data into SIMS CLIENT will send data to GH weekly
CLIENT will send data to GH monthly
Excess Reporting
GH will report claims to the excess insurer in compliance with excess carrier’s reporting requirements and coordinate with the excess insurer on a claim’s progress in accordance with the excess insurer’s reporting requirements.
CLIENT will report claims to the excess insurer in compliance with excess carrier’s reporting requirements and coordinate with the excess insurer on a claim’s progress in accordance with the excess insurer’s reporting requirements
Claims Exceeding SIR:
GH stops tracking activity once the SIR has been reached.
GH will continue to track all activity at and/or above the SIR. The Excess JPA/Carrier will provide GH with activity documentation above the SIR.
GH will reserve to Full Value and track recoveries.
LITIGATION MANAGEMENT AND SUPPORT SERVICES:
Check all that apply.
GH will handle litigated claims
All litigated cases
Case as assigned
Mandatory Settlement Conferences
GH always attends
CLIENT will attend with GH attending upon request only
Small Claims Actions filed against CLIENT
GH always appears
CLIENT will attend with GH attending upon request only
Legal Counsel
GH must have CLIENT authorization to refer to outside Legal Counsel GH does not need CLIENT authorization to refer to outside Legal Counsel GH must use CLIENT approved Legal Panel for Attorney selection CLIENT does not have an approved Legal Panel for Attorney selection Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 21 of 26
All Litigation to be handled by CLIENT inhouse Legal
GH always sends Litigation Assignment packets to Legal Counsel CLIENT specific Litigation Guidelines: Yes No
CLIENT specific Litigation Referral Form/Letter: Yes No CLIENT specific Litigation Budget Form: Yes No
Pay fees for Experts, photocopies, medical records as: Expense Legal REPORTS AND PROCEDURES:
GH will provide client reports of all claims Quarterly.
GH will arrange for the performance of an audit annually.
CLIENT will arrange for the performance of an audit annually.
AUTHORITY LEVELS:
Reserve within SIR:
$0.00 Other: $250,000
Adjuster must seek approval from (client contact) to post indemnity reserves above authority level.
Settlement Authority:
$0.00 Other:_______
Adjuster must seek approval from (client contact) to consent to settlement of any claim at or above the amount indicated.
Medical Treatment:
Medical Authorizations should only be sent to the claimant once liability is determined to be adverse to the CLIENT.
Medical Authorizations should go out as soon as it is determined that a BI claim is being pursued.
FINANCIAL ACCOUNTING:
George Hills will establish and maintain a trust account for claim-related payments CLIENT will will make all claim-related payments
George Hills will provide trust account reconciliatrion reports monthly George Hills will provide check registers reports monthly N/A
THIRD PARTY SUBROGATION SERVICES:
GH is authorized to initiate third party subrogation claims on behalf of CLIENT GH must obtain authorization to initiate third party subrogation claims on behalf of CLIENT.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 22 of 26
FIRST PARTY SUBROGATION SERVICES:
CLIENT elects to incorporate the first party subrogation services of GH into the contract CLIENT authorizes GH to initiate first party subrogation claims on behalf of CLIENT CLIENT agrees to the additional compensation payable to GH for its first party subrogation services as follows:
GH shall be entitled to 30% of the gross recovery for each claim initiated by GH through its first party subrogation efforts.
CLIENT agrees to the terms and conditions stated in Attachment B, Subrogation Services.
N/A
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 23 of 26
ATTACHMENT B
MEDICARE, MEDICAID, AND SCHIP EXTENSION ACT OF 2007 (MMSEA) This law requires liability insurers, self-insurers, no fault insurers and workers’ compensation insurers to report certain information to The Centers for Medicare and Medicaid Services (CMS) concerning Medicare beneficiaries. The penalty for failure to comply is $1,000 per day, per claimant.
George Hills Company, Inc. (GH) has contracted with ExamWorks for Mandatory Insurer Reporting (MIR) for the CLIENT. ExamWorks shall represent the CLIENT and Responsible Reporting Entity (RRE) to this existing contract and this addendum and will be the designated reporting agent. GH will be responsible for gathering and reporting accurate claims data required by MMSEA to ExamWorks in a timely manner. GH agrees to assume the responsibility for reporting data to ExamWorks to meet all reporting requirements in accordance with MMSEA, on behalf of the RRE; including assuming responsibility for any fines or penalties that are directly caused by GH’s non-compliance. GH further agrees to indemnify and hold-harmless, RRE, and staff, for any penalties or fines resulting from GH’s direct failure to timely and accurately provide the reporting data to ExamWorks. The above-mentioned obligations to indemnify and holdharmless shall not be applicable to matters relating to delays caused by RRE or other third parties, or inaccurate data supplied to GH by RRE or other third parties.
By contract with GH, ExamWorks will indemnify and hold GH harmless from and against any claim, damage, fine, loss and expense, arising in connection with, or as a result of, any error, omission, or negligent performance of its obligations as reporting agent, which indemnity will include all reasonable costs of litigation and attorneys’ fees incurred. Without in any way limiting the indemnity set forth in this Contract, all work performed by ExamWorks will be done in a professional manner.
GH shall perform the necessary data gathering for RRE and ExamWorks; as such GH shall include in our monthly invoicing the time incurred for such work at our contract hourly rate or will be included in your monthly flat fee or claims adjusting.
ExamWorks will perform the MMSEA Mandatory Insurer Reporting function for GH, and its RREs, shall be charged as an Allocated Expense, as defined in Attachment C, subject to the following.
RRE will designate ExamWorks, unless otherwise requested, as its exclusive vendor for all of RRE’s “Qualified Referrals” (those claims determined to require Medicare Set Aside (MSA) or a Claim Settlement Allocation (CSA) and RRE will utilize other ExamWorks services related to Medicare Secondary Payer (MSP) compliance identified in their fee schedule.
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 24 of 26
ATTACHMENT C
PREFERRED METHOD OF CHECK PROCESSING
1. Selection of Bank
a) GH uses CA Bank & Trust
b) Clients Choice
Name
Address
Please provide signature cards, sample check, starting check number, name of contact person
2. Trust Balance Desired $______________
3. Account funding: GH will notify client when the balance falls below required balance 4A. Number of Signatures Required
a) One
b) Two on all checks
c) Two on checks in excess of $__________
4B. If two signatures are required please specify:
a) Both GH
b) One GH, one client
GH signers: John Chaquica, CEO; Chris Shaffer, COO;
5. Accountability
a) Positive Pay: Yes No
GH recommends positive pay to mitigate the potential for fraud. b) Check Registers: Yes No
Weekly Monthly
c) Statement to be balanced by client, or
Statement to be balanced by GH with copies to client
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 25 of 26
ATTACHMENT D
ALLOCATED EXPENSES
Typically, allocated expenses are those expenses that are generated by a claim (by outside vendors other than George Hills) that cannot be foreseen nor included in this Contract. These expenses are generally allocated back to the specific claim file for which the cost was incurred and then charged back to the entity whose claim incurred that cost. In most situations these are pass-through costs (with processing fees) for services and/or fees not directly generated by the TPA, but rather by a third-party consultant where the TPA has acted as an agent on behalf of the entity to necessarily outsource services to a third-party consultant and/or miscellaneous fees applicable to the specific claim applied by an outside entity, such as a court or copy services.
Below, George Hills has provided a list, which is not an exhaustive list, of typical allocated expenses.
Paid to GH
▪ CMS reporting costs and fees (ExamWorks);
Paid to Others as Authorized by Client
▪ Fees of outside counsel for claims in suit, coverage opinions, and litigation, and for representation and hearings or pretrial conferences;
▪ Fees of court reporters;
▪ All court costs, court fees, and court expenses;
▪ Fees for service of process;
▪ Costs of undercover operatives and detectives (if initially paid by GH); ▪ Costs for employing experts for the preparation of maps, professional photographs, accounting, chemical or physical analysis, or diagrams; ▪ Costs for employing experts for the advice, opinions, or testimony concerning claims under investigation or in litigation for which a declaratory judgment is sought; ▪ Costs for independent medical examination or evaluation for rehabilitation; ▪ Costs of legal transcripts of testimony taken at coroner’s inquests, or criminal or civil proceeding;
▪ Costs for copies of any public records or medical records; ▪ Costs of depositions and court reporting;
▪ Costs and expenses of subrogation, (if not George Hills); ▪ Costs of engineers, handwriting experts, or any other type of expert used in the preparation of litigation or used in a one-time basis to resolve disputes; ▪ Witness fees and travel expenses;
▪ Costs of photographers and photocopy services (if not George Hills—our costs for this is included in our rate);
▪ Costs of appraisal fees and expenses not included in flat fee or performed by others; ▪ Costs of indexing claimants;
▪ Services performed outside the TPA’s normal geographical regions; ▪ Costs associated with Medicare Set-Aside analysis and submission or Medicare Conditional Lien negotiation;
Claims Adjusting and Administration Services Contract
Between the The City of San Rafael and George Hills Company page 26 of 26
▪ Investigation of possible fraud including SIU services and related expenses; and/or ▪ Any other similar cost, fee, or expense that is not otherwise included in the TPA’s service fees that is reasonably chargeable to the investigation, negotiation, settlement, or defense of a claim or loss or to the protection or perfection of the subrogation rights of the entity, including travel related expenses.
Travel Related
▪ Costs of travel related to claims including mileage driven, such as for attendance at inspections, mediations, and trial, shall be allocated to the specific claim and reimbursed to GH based on the actual cost incurred. Mileage shall be reimbursed at the current IRS rated at the time the mileage is traveled
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: SM 2.a
Meeting Date: June 21, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Community & Economic Dev.
Prepared by: Micah Hinkle, Community & Econ
Dev. Director
Lindsay Lara, City Clerk
City Manager Approval: ______________
TOPIC: PLANNING COMMISSION AND DESIGN REVIEW BOARD CONSOLIDATION SUBJECT: ORDINANCE AMENDING TITLES 2 – ADMINISTRATION OF THE SAN RAFAEL
MUNICIPAL CODE TO ADD DESIGN PROFESSIONALS TO THE PLANNING COMMISSION MEMBERSHIP COMPOSITION, AND AMEND TITLES 14 – ZONING, AND 15 - SUBDIVISIONS OF THE SAN RAFAEL MUNICIPAL CODE, TO DISSOLVE
THE DESIGN REVIEW BOARD AND TRANSFER EXISTING DUTIES OF THE DESIGN
REVIEW BOARD TO THE PLANNING COMMISSION, OR ZONING ADMINISTRATOR,
OR DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT
RECOMMENDATION:
Introduce the Ordinance to amend Title 2- Administration of the San Rafael Municipal Code to add design professionals to the Planning Commission membership composition and amend Titles 14-Zoning and 15- Subdivisions of the San Rafael Municipal Code to dissolve the Design Review Board and transfer existing duties of the Design Review Board to the Planning Commission, or Zoning Administrator, or Director of Community and Economic Development.
BACKGROUND:
On December 18, 2023, the City Council received a report and provided feedback regarding the consolidation of the Design Review Board (DRB) and the Planning Commission (PC). The recommended consolidation is in response to State housing laws such as:
• The Housing Accountability Act, which limit local jurisdictions from denying housing development projects that meet applicable objective development standards; and, • The Housing Crisis Act of 2019 (SB 330, as amended by SB 8), which limited the number of meetings a city may hold to five for certain residential projects and mixed-use projects that are two-thirds residential by square footage; and,
• SB 9, which mandates a ministerial review for certain types of residential projects and lot splits.
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The City Council provided feedback to staff to return at a future City Council meeting after 1) adoption of revised Objective Design Standards, which were adopted on March 18, 2024; 2) hiring of the permanent Community & Economic Development Director, who was hired on March 1, 2024; and 3) more time for the community to provide feedback to staff.
ANALYSIS:
On June 11, 2024 and June 18, 2024, the San Rafael Planning Commission reviewed the proposed ordinance amendments to Title 2, Title 14, and Title 15 of the San Rafael Municipal Code for the elimination of references to the Design Review Board and assignment of those duties to the Planning Commission and on June 18, 2024, recommended approval of the ordinance amendments to the City Council. In addition, the Planning Commission suggested that the City Council consider including the following edits:
Title 2 – Administration of the San Rafael Municipal Code: Amend the duties of the Planning Commission to include applicable duties that are reassigned from the Design Review Board. Include a definition of “Design Professional”. A ”Design Professional” is defined as an architect, engineer, landscape architect, building designer, urban designer, urban planner, or other similar design specialist. They may, but are not required to, be licensed or registered in their related field.
Title 14 – Zoning of the San Rafael Municipal Code: Clarify language of duties related to review authority.
The draft Title 14 reviewed by the Planning Commission had redundant language in a few instances related to the review authority of the Community and Economic Development Director and Planning Commission. The Planning Commission requested minor edits to clarify the language for readability.
Title 15 – Subdivisions of the San Rafael Municipal Code: There are three references to the Design Review Boad in this title related to hillside subdivisions. No issues were identified with Title 15 from the Planning Commission. Staff has identified a minor modification to Title 15 which would have the Planning Commission retain review authority for retaining walls and foundations over eight feet. Additional detail on the Planning Commission retaining this review authority is described below in staff analysis section.
The attached Ordinance incorporates the Planning Commission’s recommendations. The Planning Commission also discussed the need for a comprehensive update to the City’s Objective Design Standards including updates to the Downtown Precise Plan form-based code design standards. A comprehensive update to the City’s Objective Design Standards is on the Community and Economic Development Department work program and will begin before the end of the calendar year.
For decades, the Design Review Board has provided design feedback for the betterment of development projects in San Rafael. However, in recent years, new state legislation and resulting modifications to the City’s Municipal Code mandated more streamlined review of projects.
Furthermore, the City seeks to improve development permit review efficiency, while maintaining valuable design professional feedback on projects, to the extent allowable under State law. Given these considerations, the Planning Commission and staff are recommending appointment of design professionals to the Planning Commission and dissolving the Design Review Board as a separate advisory body.
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The proposed composition of the Planning Commission would be structured with five commissioners having expertise in planning, zoning and land use, and four having expertise in design. The proposed membership composition, which aligns with City Council direction, for the newly structured Planning Commission is:
• 4 District Representatives
• 3 At-large Members, including at least one Licensed Architect and one Design Professional
• 2 At-large Alternate Members (Licensed Architects), who shall be eligible to vote when serving in the absence of any of the commission’s regular voting members.
In addition, a definition of Design Professional would be added in Title 2- Administration.
Staff recommends this approach for designating eligibility requirements for specific seats because it ensures there will always be one design professional, one licensed architect, four by-district seats, and two alternate member licensed architects. If the City required a specific number of members to be licensed architects without assigning specific seats to that role, there could be a situation where a District Representative member, who doubled as a Licensed Architect, resigns and the City Clerk’s office would be required to recruit a District Representative who is also a Licensed Architect, which may be difficult to achieve. By keeping the licensed architect and design professional assigned to the At-Large seats, the City will have the larger, citywide universe of residents to recruit from rather than be limited to recruiting from one district only.
The goal of the proposed Planning Commission composition would be to create a review body that has a deeper understanding in both land use policy and design. This structure creates a well-balanced review authority of seven professionals (with two alternates) with expertise in land use, zoning, planning, and design. One of the seven members would be required to be a licensed architect. One of the seven members would be required to be a design professional. Both alternates would be required to be licensed architects. All nine members would be required to attend Planning Commission meetings, unless they have an excused absence, and attendance will be tracked. In San Rafael, alternate members participate in the same manner as regular members, but do not vote unless a regular member is absent. The atlarge alternates would be eligible to vote in the absence of any of the seven regular voting members.
Amend other Municipal Code to Consolidate the Design Review Board into the Planning Commission.
References to the Design Review Board are in Titles 2 - Administration, 14 – Zoning, and 15- Subdivisions of the San Rafael Municipal Code. Below is a brief summary of the proposed amendments by title. The complete strike through/underline version of all the proposed changes for each title are found in the attached Ordinance as Exhibits A, B and C.
Title 2 - Administration
Section 2.16.040 - Planning Commission membership reflects the new composition described in this report and duties of the stricken Design Review Board would be assigned to the Planning Commission.
Section 2.16.120, 2.16.121, and 2.16.122 for Design Review Board Creation, Membership, Powers and duties are proposed to be stricken entirely.
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Title 14 - Zoning
Modifications to Title 14 address 37 references to the Design Review Board. The Design Review Board served as an advisory body to the Community and Economic Development Director, Zoning Administrator, Planning Commission, and City Council. The Design Review Board review authorities have been modified to be re-assigned to the Director, Zoning Administrator, and Planning Commission.
The Director and Zoning Administrator retained lower-level minor review authorities and the Planning Commission was assigned major higher-level reviews. The expanded composition of Planning Commission would have the design expertise members ensure necessary support Planning Commission decisions related to design.
In addition, the Planning Commission could establish subcommittees for specific projects that are particularly complex.
Chapter 14.25 (Environmental Design Review) is the portion of Title 14 where the most modifications are needed. Like other parts of the Title, the advisory role of the Board was removed in several instances.
However, there are two substantial changes: The Conceptual Review portion of the Major Environmental Design Review permit and the Streamlined Review of Certain Residential Projects will both removed in their entirety. With the proposed expanded composition of the Planning Commission, the need to hold a preliminary design consultation or joint study session is no longer needed as these matters will now be considered by the Planning Commission.
Title 15 - Subdivisions
There are three references to the Design Review Boad in this title. As in Title 14, the advisory role was removed. The Planning Commission was presented a previous version of Title 15 that had the Community and Economic Development Director assigned authority to review retaining walls and foundations over eight feet in height and they did not have any recommended edits to the revised Title
15. Upon further staff analysis, staff is recommending that the Planning Commission retain this review authority for retaining walls and foundations over eight feet as this falls within the existing purview of the Planning Commission for hillside subdivisions. The suggested modified language is included in the draft Ordinance.
The proposed Planning Commission changes would require modifications to the Planning Commission By-Laws and Rules and Procedures to reflect the new membership requirements and alternates. If the City Council approves the proposed modifications, the Planning Commission By-Laws and Rules and Procedures would need to be updated to reflect the changes and return to the City Council at a future date for approval. Staff plans to bring proposed modifications to the Bylaws to the City Council for review and consideration at the same meeting as the second reading of this ordinance, on July 15, 2024.
In addition, if approved by the City Council, staff would assess how the newly composed Planning Commission is functioning over the next 6 months and bring a status update regarding its effectiveness in January 2025.
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COMMUNITY OUTREACH:
The consolidation of the Design Review Board has been a topic of discussion and exploration since the adoption of the state laws associated with the Housing Crisis Act of 2019. In 2020, City Council adopted a streamlined review for residential projects as a pilot program. The pilot program resulted in fifteen canceled Design Review Board meetings in both calendar year 2022 and 2023. As mentioned above, at the December 18, 2023, City Council was presented options on the consolidation of the Design Review Board and Planning Commission. As part of their feedback to staff as they wanted to adopt the Objective Design Standards, hire a permanent Community and Economic Development Director, and provide the community more time for additional feedback. During the past six months, community feedback has been limited. Responsible Growth Marin (RGM) and a representative from the Federation of San Rafael Neighborhoods provided comments at the Planning Commission hearings. The RGM verbal comments at the Planning Commission hearings and written correspondence (see attachment 5) have supported the concept of a consolidation of the Planning Commission but have identified concerns with the City’s Objective Design Standards and the proposed Planning Commission membership suggesting that the proposed nine members of the Planning Commission have voting authority along with providing a definition of a “design professional”. As mentioned in the staff report, a comprehensive review of the Objective Design Standards is on the City work program and will begin prior to the end of the calendar year. A definition of a “design professional” has been included in the proposed Ordinance. The voting membership of seven and the makeup and qualifications of the Planning Commission has been recommended by the Planning Commission and consistent with prior City Council direction.
FISCAL IMPACT:
The proposed recommended action would increase efficiency of development review processing and result in operational efficiency of staff support resources dedicated to the Design Review Board. No negative fiscal impacts are anticipated. Furthermore, matters considered by the Design Review Board and Planning Commission are generally funded through application deposits. The consolidation of these two bodies will result in a cost savings for development applicants in some cases. It is anticipated additional training and informational resources will be needed for the on-boarding of new Planning Commissioners. Training funds for the Planning Commissioners would come from the Community and Economic Development department budget resources.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Introduce the Ordinance to amend Title 2 to add design professionals to the Planning Commission and amend Title 14 and 15.
2. Take no action.
RECOMMENDED ACTION:
Introduce the Ordinance to amend Title 2- Administration of the San Rafael Municipal Code to add design professionals to the Planning Commission membership composition, and amend Titles 14-Zoning, and 15-Subdivisions of the San Rafael Municipal Code to dissolve the Design Review Board and transfer existing duties of the Design Review Board to the Planning Commission, or Zoning Administrator, or Director of Community and Economic Development.
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ATTACHMENTS:
1. Ordinance Amending Titles 2 – Administration of the San Rafael Municipal Code to Add Design Professionals to the Planning Commission Membership Composition, and Amend Titles 14 – Zoning, and 15 – Subdivisions of the San Rafael Municipal Code, to Dissolve the Design Review Board and Transfer Existing Duties of the Design Review Board to the Planning Commission, or Zoning Administrator, or Director of Community and Economic Development
2. Exhibit A – Title 2 Administration Modifications
3. Exhibit B – Title 14 Zoning Modifications
4. Exhibit C – Title 15 Subdivisions Modifications
5. Comment Letter from RGM 6.15.24
1 DRAFT ORDINANCE ATTACHMENT A
ORDINANCE NO. [XXXX]
AN ORDINANCE AMENDING TITLES 2 – ADMINISTRATION OF THE SAN RAFAEL
MUNICIPAL CODE TO ADD DESIGN PROFESSIONALS TO THE PLANNING COMMISSION MEMBERSHIP COMPOSITION, AND AMEND TITLES 14 – ZONING, AND 15 - SUBDIVISIONS OF THE SAN RAFAEL MUNICIPAL CODE, TO DISSOLVE
THE DESIGN REVIEW BOARD AND TRANSFER EXISTING DUTIES OF THE
DESIGN REVIEW BOARD TO THE PLANNING COMMISSION, OR ZONING
ADMINISTRATOR, OR DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
Section 1. Findings.
WHEREAS, The Design Review Advisory Committee was created in 1977 by the San Rafael Redevelopment Agency as an informal committee to respond to the high volume of development applications, delays in the processing of applications, and the quality of design review in response to the Downtown Beautification Project and the rapid development of East San Rafael, and
WHEREAS, The Design Review Board was officially established in May 1980 by Ordinance 1502 to formalize the Design Review Advisory Committee, and
WHEREAS, The purpose of the Design Review Board was to serve as an advisory body to the City Council to review and formulate recommendations on development projects requiring environmental and design review permits and on other design matters referred to the Design Review Board by the City Council, Planning Commission, or Community and Economic Development Director, and WHEREAS, over the last several years, new state legislation, (including Senate Bill 35, the Housing Crisis Act of 2019 and others) has required the City’s Municipal Code to support a streamlined reviews of projects, often using only objective design standards and limiting the number of hearings, and
WHEREAS, the Community Development Department presented a staff report in 2019, which included suggestions from several developers to dissolve the Design Review Board and received input from the City Council, and
WHEREAS, in 2020, the City Council approved a staff report recommending that staff pursue an amendment to the San Rafael Municipal Code to streamline development review and created a Design Review Advisory Committee as a one-year pilot program. The following year the pilot program the program was ended, and WHEREAS, in April 2022 the City Council approved a staff report recommending support for a new one-year pilot program and a zoning text amendment to create a new process entitled, “Streamlined Review for Certain Residential Projects.” The outcome of 2 DRAFT ORDINANCE ATTACHMENT A
the pilot program resulted in fifteen canceled Design Review Board meetings in both calendar year 2022 and 2023, and
WHEREAS, on December 18, 2023 the City Council received a report and provided feedback to staff regarding the possible consolidation the DRB and the PC, and WHEREAS, City Councilmembers provided feedback to staff to return at a future City Council meeting after completing three related tasks: 1) adoption of revised Objective Design Standards, 2) hiring of the permanent Community Development Director, 3) allow more time for the community to provide feedback to staff. Each of these tasks have now been completed, and
WHEREAS, on June 11, 2024, staff brought a draft ordinance amending Title 2, Title 14, and Title 15 before the Planning Commission for review. As the Planning Commission does not have authority over Title 2, the proposed amendments to Title 2 were presented to provide a comprehensive overview of the scope of the proposed changes. The Planning Commission was asked to review the proposed ordinance and forward a recommendation to City Council. After review, public comment, and deliberations, the Planning Commission voted to continue the item to June 18, 2024 to a Special Planning Commission meeting to provide additional time for commissioners and the public to review the proposed amendments, and
WHEREAS, on June 18, the Planning Commission held the continued public hearing and resumed deliberations on dissolution of the Design Review Board. The Planning Commission unanimously voted to forward a recommendation to City Council to introduce the ordinance and recommended modifications to Title 2 to ensure all responsibilities of the Design Review Board are clearly delegated to the Planning Commission and that a definition is included for “design professional, and directed staff to review Title 14 to ensure the amendments clearly identify the review body and any required recommendations, and
WHEREAS, the City Council conducted a noticed public hearing on June 21, 2024, for the purpose of considering the proposed amendments to the Ordinance; and WHEREAS, the City Council has duly considered all testimony presented at the public hearings, and the evaluation and recommendations from staff; and WHEREAS, the proposed amendments to the San Rafael Municipal Code set forth herein below are consistent with state law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
Section 2: Amendments to Title 2 of the San Rafael Municipal Code.
Title 2 – Administration, of the San Rafael Municipal Code, is amended as set forth in Exhibit A, attached hereto and incorporated herein by this reference (additions in 3 DRAFT ORDINANCE ATTACHMENT A
underline, deletions in strikethrough).
Section 3: Amendments to Title 14 of the San Rafael Municipal Code.
Title 14 – Zoning, of the San Rafael Municipal Code, is amended as set forth in Exhibit B, attached hereto and incorporated herein by this reference (additions in underline, deletions in strikethrough).
Section 4: Amendments to Title 15 of the San Rafael Municipal Code.
Title 15 – Subdivisions, of the San Rafael Municipal Code, is amended as set forth in Exhibit C, attached hereto and incorporated herein by this reference (additions in underline, deletions in strikethrough).
Section 5. Severability. If any section, subsection, phrase or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied.
Section 6. Findings of the Zoning Code.
Pursuant to Section 14.27.060 (Findings) of the San Rafael Municipal Code, the proposed amendments of the zoning regulations code under this ordinance:
A. Are consistent with the goals, policies, and actions of the General Plan.
B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above; Section 7. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment, and pursuant to CEQA Guidelines section 15378(b)(5) because the dissolution of the Design Review Board and reassignment of its responsibilities to other City boards and staff members is an organizational/administrative activity that will not result in direct or indirect physical changes in the environment.
Section 8. Effective Date and Publication. This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect 30 days after its adoption. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Council members voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the 4 DRAFT ORDINANCE ATTACHMENT A
City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a Special Meeting of the City Council of the City of San Rafael, held on the [Xth] day of [Month] 2024, and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the [Xth] day of [Month] 2024.
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
KATE COLIN, Mayor
Attest:
LINDSAY LARA, City Clerk
Exhibit A: Modifications to Title 2
Section 2.16.040 - Planning commission—Creation—Membership.
There is created a planning commission for the city, consisting of seven (7) members and two (2) alternate members, not officials of the city, appointed by the mayor with the approval of the city council. Eligibility requirements for members of the planning commission are as follows:
The commission shall be composed of seven (7) regular voting members, comprised of one (1) commissioner from each of the city's four (4) city council electoral districts, and three (3) at-large commissioners.
Requirements for eligibility:
1. District representatives: Each district representative must reside in the district they represent.
2. At-large members: Must reside in city limits. At least one (1) at-large member shall be a licensed architect and at least one (1) at-large member shall be a design professional.
”Design professional” means an architect, engineer, landscape architect, building designer, urban designer, urban planner, or other similar design specialist. They may, but are not required to, be licensed or registered in their related field.
In addition, the commission shall include two (2) alternate members who shall be eligible to vote when serving in the absence of any of the commission’s regular voting members. Both alternate members shall reside in city limits and be licensed architects.
Section 2.16.110 - Powers and duties of planning commission.
It shall be the function and duty of the planning commission to act as a decision-making body on quasi-legislative matters including, but not limited to:
• Major subdivisions as delegated to the planning commission under Title 15 of this Code. • Conditional use permits delegated to the planning commission. • Environmental and design review permits delegated to the planning commission. • Appeals made by a lower body and appealed to the planning commission. • Other matters including physical improvements, conditional use permits, or environmental and design permits referred by the community development direction to the planning Exhibit A: Modifications to Title 2
commission pursuant to powers and duties set forth in the Municipal Code at the discretion of the community development director.
It shall be the function and duty of the planning commission to act as an advisory body to the city council on legislative matters related to but not limited to the following:
• General plan updates and amendments.
• Zoning text and zoning map amendments.
• Other land use matters requiring city council action.
It shall be the duty of the members of the planning commission to inform themselves on matters affecting the functions and duties of the commission and all planning matters, and, to that end, they may attend training and planning conferences and the reasonable traveling expenses incidental to the attendance shall be charged upon the funds allocated to the commission.
The planning commission shall provide professional design analysis, evaluation and judgment as to the appropriateness of development proposals for the use and setting and to recommend approval, approval with conditions, redesign or denial based on design standards and findings of approval adopted by the city council.
The planning commission shall endeavor to promote public interest and understanding of plans developed, and the regulations relating thereto. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which records shall be a public record.
2.16.120 Design review board—Creation.
A design review board is created.
2.16.121 Design review board membership—Compensation.
The design review board shall consist of a total of five (5) regular members and may include one (1) alternate member appointed by the city council. The design review board members shall be qualified as follows:
1. At least two (2) members shall be licensed architects or licensed building designers;
2. At least one (1) member shall be a licensed landscape architect;
3. At least one of the five (5) members shall have background or experience in urban design;
4. The alternate member may have qualifications in any of the above fields of expertise;
5. All board members shall reside in the city of San Rafael; and
6. In addition to the five (5) council-appointed board members and one (1) alternate member, one (1) planning commissioner shall attend board meetings. This liaison planning commissioner shall be appointed by the commission chairperson. An additional commissioner shall be appointed to serve as an "alternate liaison" in case of absence. The planning commission liaison should be present at all design review board meetings to offer advice and direction to the board on matters of commission concern.
Alternate Member. The alternate member may temporarily fill a vacancy created when a regular member: (1) leaves office prior to completion of the member's term; (2) cannot attend a meeting; or (3) cannot participate on a particular matter due to a conflict of interest.
The city council may establish compensation for members of the design review board by resolution.
2.16.122 Design review board powers and duties.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of this Code, the powers and duties of the design review board shall be:
To serve as an advisory body to the city for the purpose of reviewing and formulating recommendations on all major physical improvements requiring environmental and design review permits, except that an alternate streamlined review process may be allowed for certain eligible projects by ordinance or resolution of the city council.
To serve as an advisory body on other design matters, including minor physical improvements or administrative design permits, referred to the board by the community development director, planning commission or city council.
To provide professional design analysis, evaluation and judgment as to the completeness, competence and appropriateness of development proposals for the use and
setting and to recommend approval, approval with conditions, redesign or denial based on design standards adopted by the city council.
( Ord. No. 2018 , div. 2, 10-3-2022)
Exhibit B: Title 14
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Title 14
ZONING*
Division I GENERAL PROVISIONS
Chapter 14.01 TITLE, COMPONENTS AND PURPOSES
14.01.010 Title.
This title, Title 14 of the San Rafael Municipal Code, shall be known and cited as "the San Rafael Zoning Ordinance," or, "the zoning ordinance."
(Ord. 1625 § 1 (part), 1992).
14.01.020 Components.
A. The zoning ordinance shall consist of the following components:
1. A map, or set of maps, known as the zoning map, delineating the boundaries of zoning districts within the city of San Rafael;
2. Regulations, known as zoning regulations, governing the use of land, and placement of buildings and improvements within the various classes of districts. Such regulations shall include, but not be limited to, property development standards for each district, parking standards, performance standards, and procedural rules for administering the ordinance.
B. A copy of the zoning regulations and the zoning map, together with a record of all amendments, shall be kept on file with the city clerk and shall constitute the original record. A copy of the zoning regulations and zoning map currently in effect shall also be kept on file in the planning department.
3. The Downtown San Rafael Precise Plan, Form-Based Code and downtown zoning map adopted by separate ordinance and incorporated herein by reference. The Downtown San Rafael Precise Plan and Form-Based Code include certain zoning regulations, governing the land use and placement of building and improvements for those properties within the boundaries of the downtown area, defined by the downtown mixed use district. Where the Downtown San Rafael Form-Based Code is silent on regulations and provisions, the regulations and provisions presented in this Title 14 shall apply.
B. A copy of the zoning regulations and the zoning map, Downtown San Rafael Precise Plan Form-Based code and downtown zoning map, together with a record of all amendments, shall be kept on file with the city clerk and shall constitute the original record. A copy of the zoning regulations and zoning map currently in effect shall also be kept on file in the community development department and office of the city clerk (Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. A, 1.1), 8-16-2021)
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14.01.030 Purposes.
The San Rafael Zoning Ordinance is adopted to promote and protect the public health, safety, peace, comfort and general welfare. The zoning ordinance is also intended to promote the following more specific purposes:
A. To implement and promote the goals and policies of the San Rafael general plan, so as to guide and manage future development in the city in accordance with such plan; B. To foster harmonious and workable relationships among land uses; C. To reduce or remove negative impacts caused by inappropriate location, use or design of buildings and improvements;
D. To protect, strengthen and diversify the economic base of the city; E. To promote viable commercial and industrial enterprises that provide diverse employment opportunities for city residents;
F. To ensure the adequate provision of light, air, space, fire safety and privacy between buildings; G. To provide adequate, safe and effective off-street parking and loading facilities; H. To promote a safe, effective traffic circulation system, and maintain acceptable local circulation system operating conditions;
I. To promote design quality in all development and to preserve and enhance the city's existing historic, architectural, and cultural resources;
J. To preserve and enhance natural resources and key visual features in the community, including the bay shoreline, canal, wetlands, and hillsides;
K. To protect and conserve the city's existing housing stock; L. To promote housing development to meet housing needs, including affordable housing and special housing needs;
M. To coordinate the service demands of new development with the capacities of existing streets, utilities and public services;
N. To provide for effective citizen participation in decision-making. (Ord. 1625 § 1 (part), 1992).
Chapter 14.02 ORGANIZATION, APPLICABILITY AND INTERPRETATION
14.02.010 Organization.
A. The Zoning Ordinance is divided into five divisions:
I. General Provisions
II. Base District Regulations
III. Overlay District Regulations
IV. Regulations Applying in All or Several Districts
V. Administrative Regulations
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B. Three types of zoning regulations control use and development of property:
1. Land use regulations specify land uses permitted or conditionally permitted in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts are contained in Division II of the zoning ordinance. Land use regulations for overlay districts are contained in Division III of the zoning ordinance. Certain regulations applicable in all or several districts are included in Division IV.
2. Development regulations control the height, bulk, and location of structures on development sites and establish other development standards. Development regulations for each base zoning district are in Division II of the zoning ordinance; development regulations for overlay districts are contained in Division III. Certain development regulations, applicable in more than one base or overlay district, are contained in Division IV. These include site and use regulations, performance standards for certain uses, and parking and sign regulations.
3. Administrative regulations contain detailed procedures for the administration of zoning regulations, including requirements for administrative permits, use permits, variances, exceptions, design review permits, zoning ordinance amendments, appeals and enforcement. Administrative regulations are contained in Division V of the zoning ordinance.
(Ord. 1625 § 1 (part), 1992).
14.02.020 General rules for applicability of zoning regulations.
A. Applicability to Property. Zoning regulations shall apply to all land within the city of San Rafael, including land owned by the city of San Rafael and other local, state or federal agencies, where applicable. Application of regulations to specific lots shall be governed by the zoning map.
B. Applicability to Streets and Rights-of-Way. Public streets, utility and other right-of-ways are the boundaries of the zoning districts. In cases where right-of-ways are abandoned, the centerline shall be used as the district boundary.
C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with the provisions of this title.
D. Public Nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance, as defined in Chapter 1.16, Nuisance Abatement, and Chapter 1.20, Nuisances.
E. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this title shall be deemed sufficient notice to allow the city to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.
F. Conflict with Other Regulations. Where conflict occurs between the provisions of this title and any other city code, ordinance, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this title.
G. Relation to Private Agreements. This title shall not interfere with or annul any easement, covenant, or other agreement now in effect, provided that where this title imposes greater restriction than imposed by an easement, covenant, or agreement, this title shall control.
H. Application During Local Emergency. The city council may authorize deviations from any provision of this title during a local emergency. Such deviations shall be authorized by resolution of the city council, without notice or public hearing.
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I. Severability. If any section, subsection, sentence or phrase of this title is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this title shall not be affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one (1) or more other portions of this title would be declared invalid or unconstitutional.
J. Multiple Development Permit Applications. Where a single development project seeks multiple development permit approvals, some of which require planning commission approval and others of which may only be approved by the city council, the following procedure shall obtain. The planning commission shall conduct a public hearing(s) on all such multiple permit applications, together with appropriate environmental documents and shall recommend action to the city council, which shall have exclusive and final approval authority over such multiple permit applications, and which shall pass on the sufficiency of the appropriate environmental documents related to the applications. The provisions of this section shall supersede any zoning ordinance, subdivision ordinance, development application policy and/or provision of the city's environmental assessment procedures manual to the contrary; provided, however, that nothing contained in this section shall modify or affect in any way the public notice and public hearing requirements related to processing of general plan amendments, environmental and design review permit applications, trip permit applications, use permit applications, subdivision applications, zoning ordinance amendment applications, and/or any other discretionary development application, and any findings requirements applicable to the planning commission in connection with such matters shall be requirements of the city council and not the planning commission.
(Ord. 1647 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992).
14.02.030 Applicability of land use and development regulations.
A. Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning designations consisting of initial letters from the name of each zoning district.
B. Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows:
Base
District
Designator
Base District Name Chapter
R2a Single-family Residential District
Minimum lot size: 2 acres
14.04 R1a Single-family Residential District
Minimum lot size: 1 acre
14.04 R20 Single-family Residential District
Minimum lot size: 20,000 sq. ft.
14.04 R10 Single-family Residential District
Minimum lot size: 10,000 sq. ft.
14.04 R7.5 Single-family Residential District
Minimum lot size: 7,500 sq. ft.
14.04 R5 Single-family Residential District
Minimum lot size: 5,000 sq. ft.
14.04 DR Duplex Residential District
2,500 sq. ft. per dwelling unit
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MR5 Multifamily Residential District
(Medium Density)
5,000 sq. ft. per dwelling unit
14.04 MR3 Multifamily Residential District
(Medium Density)
3,000 sq. ft. per dwelling unit
14.04 MR2.5 Multifamily Residential District
(Medium Density)
2,500 sq. ft. per dwelling unit
14.04 MR2 Multifamily Residential District
(Medium Density)
2,000 sq. ft. per dwelling unit
14.04 HR1.8 Multifamily Residential District
(High Density)
1,800 sq. ft. per dwelling unit
14.04 HR1.5 Multifamily Residential District
(High Density)
1,500 sq. ft. per dwelling unit
14.04 HR1 Multifamily Residential District
(High Density)
1,000 sq. ft. per dwelling unit
14.04 GC General Commercial District 14.04
NC Neighborhood Commercial District
1,800 sq. ft. per dwelling unit
14.04 O Office District 14.05
C/O Commercial/Office District
1,000 sq. ft. per dwelling unit
14.05 R/O Residential/Office District
1,000 sq. ft. per dwelling unit
14.05 FBWC Francisco Boulevard West
Commercial District
14.05 DMU Downtown Mixed Use District. See Downtown San Rafael Precise Plan Form-Based Code and Downtown Zoning map adopted by separate ordinance.
14.05 I Industrial District
LI/O Light Industrial/Office District
CCI/O Core Canal Industrial/Office District
LMU Lindaro Mixed Use District
PD Planned Development District
M Marine District
P/QP Public/Quasi-Public District
P/OS Parks/Open Space District 14.10
W Water District 14.11
C. Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:
Overlay District Designator Overlay District Name Chapter 4891-1508-9091 v1
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-H Hillside Development Overlay
District
14.12 -WO Wetland Overlay District 14.13
-E/A Eichler/Alliance Overlay District 14.14
-C Canalfront Review Overlay
District
14.15 (Ord. 1838 § 15, 2005; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 2, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 2.1), 8-16-2021)
14.02.040 Rules for interpretation—Recordkeeping.
A. Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:
1. District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.
2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.
3. Any parcels inadvertently not zoned shall be rezoned consistent with the general plan land use designation and surrounding zoning classifications.
B. Land Use Categories. Land use categories include uses having similar characteristics, but do not specify every use or activity that may appropriately be within the category. The planning director shall determine whether a specific use shall be deemed to be within one or more use category or not within any use in this title. The planning director may determine that a specific use shall not be deemed to be within a use category, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of a specific use. Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning regulations by a zoning ordinance text amendment, as provided in Chapter 14.27, Amendments.
C. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this title or its application to a specific site, the planning director shall determine the intent of the provision. Where general plan policy indicates a site-specific use not otherwise allowed by the zoning district, that use may be allowed with a use permit, subject to the approval of the planning commission.
D. Appeals. An interpretation of the zoning map, use classifications, or zoning regulations by the planning director may be appealed to the planning commission, as provided in Chapter 14.28, Appeals. (Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
14.02.050 Effect of this title on approved projects and projects in process.
A. Use permits, variances, design permits, and tentative subdivision maps which are valid on the effective date of the ordinance codified in this title shall remain valid until their expiration date. These projects can be built in accord with the development standards in effect at the time of approval, provided that the use permit or design approval is valid at the time building permits are issued and that such permit is subject to any time limits imposed pursuant to Title 12, Building Regulations. 4891-1508-9091 v1
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B. No provision of this title shall require any change in the plans, construction or designated use of any structure for which a building permit has been issued prior to the effective date of the ordinance codified in this title, or any subsequent amendment of this title.
C. Any reapplication for an expired permit must meet the standards in effect at the time of reapplication.
D. Any modification of a use permit or variance, or any major modification of an environmental and design review permit or building permit issued prior to the date of the ordinance codified in this title must conform to the standards in effect at the time of the revised application.
E. Any minor modification of an environmental and design review permit or building permit issued prior to the date of the ordinance codified in this title may be subject to the standards in effect at the time of the revised application, as determined by the planning director.
F. Any extension of a use permit must meet the standards in effect at the time of reapplication.
G. An environmental and design review permit, or of a variance which has been approved as part of an environmental and design review permit, may be extended under the standards in effect at the time of approval up to two (2) years after the effective date of the ordinance codified in this title. Extensions of such permits after two (2) years of the effective date must meet the standards in effect at the time of reapplication.
H. Projects for which public hearings are not complete prior to the effective date of the ordinance codified in this title shall be subject to the use regulations, development standards, and all other requirements of this title.
(Ord. 1625 § 1 (part), 1992).
Chapter 14.03 DEFINITIONS
14.03.010 Purpose and applicability.
The purpose of this chapter is to promote consistency and precision in the application and interpretation of zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout Title 14, except where the context or use of such words or phrases clearly indicates a different meaning or construction intended in that particular case. (Ord. 1625 § 1 (part), 1992).
14.03.020 Rules for construction of language.
A. The particular shall control the general.
B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
1. "And" indicates that all connected words or provisions shall apply.
2. "Or" indicates that the connected words or provisions may apply singly or in any combination.
3. "Either...or" indicates that the connected words or provisions shall apply singly but not in combination.
C. In case of conflict between the text and any illustration, the text shall control.
D. The word "shall" is mandatory and not discretionary. The words "may" and "should" are permissive and discretionary.
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E. References in the masculine and feminine genders are interchangeable.
F. "Including, but not limited to" means that the definition is applicable to the examples that are cited, and to other examples that are not cited, which are deemed to be similar in purpose and consistent with the intent of the definition.
Unless the context clearly indicates the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable. (Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 3, 6-21-2010)
14.03.030 Definitions.
"A.M. peak hour" means the number of vehicular traffic movements entering and exiting a site during the highest volume consecutive sixty (60) minutes in the a.m. peak period from seven a.m. (7:00 a.m.) to nine a.m. (9:00 a.m.) on the local street system.
"Accessory dwelling unit" ("ADU") means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. The ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes the following: an efficiency unit, a manufactured home, as defined in Section 18007 of the Health and Safety Code. A junior accessory dwelling unit is considered an ADU subject to additional defined standards. An ADU is not considered to exceed the allowable density for the lot upon which it is located. An ADU is considered a residential use consistent with the general plan and zoning designation for the lot. "Accessory structure" means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building and use that requires a foundation or structural support on the ground. Accessory structures include, but are not limited to, garages/carports, gazebos, greenhouses, storage sheds, freestanding solar panel arrays, small wind energy systems, cabanas, studios, sport courts, spas, hot tubs and pools. Accessory structure would not include a "tree house" that does not have a foundation support on the ground or require a building permit. See also "Accessory dwelling unit". "Accessory use" means a use clearly subordinate or incidental and directly related to a permitted use or conditionally permitted use. The general thresholds for considering whether a use is an accessory use include whether the: a) floor area dedicated to the use is less than twenty-five percent (25%) of the total area; b) amount of business, revenue or activity generated by the use is less than twenty-five percent (25%) of the main use; c) hours of operation and intensity of operation are similar to the primary use; and d) uses are composed in separate and demised tenant spaces.
"Addition" means a structure added to the original structure at some time after the completion of the original.
"ADU" see definition for "Accessory Dwelling Unit."
"Affordable housing unit(s)" means those dwelling units as described herein which are required to be rented at affordable monthly rents to very-low, low, and moderate-income households, or purchased at an affordable sales price to low and moderate-income households.
"Affordable monthly housing cost" for ownership units means that no more than thirty-three percent (33%) of household income is required for total housing cost including principal and interest payment on the mortgage, private mortgage insurance payments, property taxes, property insurance and homeowners' association dues. 4891-1508-9091 v1
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"Affordable monthly rent" means the monthly rental rate plus a utility allowance for tenant-paid utilities as determined by the Marin Housing Authority that together does not exceed thirty percent (30%) of the monthly income of the specified income level.
"Affordable sales price" means the sales price for an affordable ownership unit as set forth in the below market rate housing agreement between the city and the developer. "Alteration" means any change or modification in construction. "Animal care facility" means a use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short-term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar services.
"Animal keeping" or "keeping of animals" means the ownership, possession, custody, control or sheltering of an animal for fourteen (14) or more consecutive days, by any person on private property for noncommercial purposes.
"Antenna" means any system of poles, panels, rods, reflecting dishes, wires or similar devices used for the transmission or reception of electromagnetic waves or signals. "Antenna structure" means an antenna array and its associated support structure, such as a monopole or tower.
"Antenna, building-mounted" (also known as facade-mounted) means any antenna mounted to a building or rooftop equipment screen that transmits or receives electromagnetic signals. "Antenna, ground-mounted" means any antenna which is attached or affixed to a freestanding support structure which has its base placed directly on the ground, specifically including, but not limited to, monopoles or towers.
"Atrium" means a covered entryway or central courtyard, typically open through two (2) or more floor levels, which is nonleasable space and which does not include enclosed stairways, elevators, hallways or similar area. "Awning sign" means a sign placed on the face or surface of an awning. "Banks and financial services" means financial institutions including uses such as banks and trust companies, check cashing, credit unions, foreign currency, holding (but not primarily operating) companies, home loan services, lending and thrift institutions, money wiring, mortgage brokers, other investment companies, securities/commodity brokers, contract brokers and dealers, security and commodity exchanges, and vehicle finance (equity) leasing.
"Banner" means a sign not made of rigid material and not enclosed in a rigid frame, and which is secured or mounted so as to allow movement.
"Bed and breakfast inn" means establishments offering lodging on a less than weekly basis, typically in a converted single-family dwelling, with incidental eating and drinking service for lodgers only provided from a single kitchen.
Billiards. See "Poolhall."
"Boarding house" means a structure or portion thereof where rooms and/or meals for three (3) or more nontransient guests are provided for compensation. Such rooms do not include complete cooking and sanitary facilities. Includes single-room occupancy development. Excludes the bona fide sharing of the rent or ownership costs of housing and/or the sharing of expenses for meals. "Boat docking facility" means a fixed structure, typically made of wood or concrete, connected to land which is used to secure boats and provide dry pedestrian access to land. 4891-1508-9091 v1
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"Bonus trip allocation" means nonparcel-specific "extra" trips that are reserved for developments providing significant amounts of affordable housing or needed neighborhood, serving commercial or other specified uses for public benefit.
"Brew pub" means an establishment where beer, ale or malt liquors are produced and served to customers.
May also include restaurant services.
"Buffer" means a land area used to separate and/or protect one use from another, or to shield or block noise, lights, or other nuisances.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy. "Building stepback" means a limitation on the height of structures within the building envelope which is required to avoid excessive building bulk viewed from downhill lots and front and street side elevations. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.
"Cannabis delivery" means the commercial transfer of medicinal cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform. This sort of use is regulated by the State of California as a Type 9 Cannabis license.
"Cannabis distribution distributor" purchases, sells, arranges for testing, conducts quality assurance review of packaging and labeling, stores/warehouses and transports cannabis goods between medicinal licensees. "Cannabis manufacturing" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Manufacturing includes the processes of extraction, infusion, packaging or repackaging, and labeling or relabeling of cannabis products.
"Cannabis testing/lab" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products (either medicinal and adult use) as further defined in SRMC 10.96.040. This sort of use is regulated by the State of California as a Type 8 Cannabis license. "Caretaker's residence" means a dwelling unit on the site of a commercial, industrial, public or semi-public use, occupied by a guard or caretaker.
"Carport" means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than two (2) sides.
"Changeable copy sign" means a sign which, in part or whole, provides for periodic changes in the sign copy.
Examples include signs for an auditorium, theater, church, meeting hall or similar use having changing programs or events, but do not include electronic reader board signs. Signs on which the only change is a periodic price change for the product or products customarily sold on premises and on which the location, size and color of the numbers remain constant are not considered changeable copy signs. "City" means the City of San Rafael.
"Clinic" means a place where patients are studied or treated by physicians specializing in various ailments and practicing as a group; the dispensary or outpatient department of a hospital or medical school, where patients are treated free or for a small fee; a place where a group of physicians are available for extended hours, on a dropin basis with no regular patients. 4891-1508-9091 v1
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"Club" means a nonprofit association of persons, whether incorporated or unincorporated, organized to pursue common goals, interests or activities, but not including a group organized solely or primarily to render a service customarily carried on as a business.
"Cluster" means a development technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally sensitive features.
"Cocktail lounge" means a use providing preparation and retail sale of alcoholic beverages, on a licensed "onsale" basis, for consumption on the premises, including taverns, bars and similar establishments where food service is subordinate or accessory to the sale of alcoholic beverages. Cocktail lounge does not include a full service alcohol or beer and wine bar that is established and operated as an accessory use within a full-service restaurant, provided that the bar is integrated within and open to the main dining area, and operating during the same hours as the primary food service use.
"Coin-operated amusement device" means a machine which, upon the insertion of a coin or similar, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic payoff device for the return of money, coins, tokens or merchandise.
"Co-location" means the location of two (2) or more wireless communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of wireless communication facilities with other types of preexisting structures, including, but not limited to, water tanks, light standards, outbuildings and other utility facilities and structures. "Community development director" means the head of the community development department and is synonymous with "planning director," as used in this code. "Community garden" means any piece of land gardened by a group of people, utilizing either individual or shared plots on private or public land. The land may produce fruit, vegetables, and/or ornamentals. Community gardens may be found in neighborhoods, schools, connected to institutions such as hospitals, and on residential housing grounds subject to defined standards, as specified in Section 14.16.286 of this title. A community garden shall be operated by a public entity or non-profit organization. "Contractor's yard" means a use providing storage of equipment, materials and vehicles for contractors who are in trades involving construction activities which include, but are not limited to, plumbing, painting, electrical, roofing and carpentry, including incidental services and offices. Contractor's storage yards may include the maintenance and outdoor storage of large construction equipment such as earthmoving equipment, cranes and outdoor storage of building materials.
"Convenience store" means a sales establishment occupying a public retail sales area of generally up to five thousand (5,000) gross square feet, for purpose of selling prepackaged food and beverage products and other retail merchandise oriented to convenience and travelers' shopping needs. Convenience stores are distinguishable from "grocery stores and supermarkets" in that they carry a limited range of items and are typically contained in a smaller retail space (generally, less than five thousand (5,000) gross square feet). See "mini-market" definition for a retail store operated in conjunction with a gasoline station with a retail sales area that is less than one thousand (1,000) gross square feet in size.
"Creek" means a perennial, intermittent or ephemeral open watercourse, which has a defined bed and bank and connect to other water bodies, as shown on the San Rafael General Plan watershed and creeks map. Creek also includes unmapped tributaries to the bay to the point at which they have a defined bed and bank. Creek is distinguishable from a "drainageway."
"Cut" means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below the original ground surface or excavated. 4891-1508-9091 v1
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"Day care facility" means an existing or proposed building, equipment and any accessory structures in which there are programs and personnel licensed by the state for direct child or adult care services, including, but not limited to, shelter, food, education and play opportunities, for fewer than twenty-four (24) hours per day. There are three (3) basic types or designations of child or adult care facilities:
1. Family day care home, small (a dwelling unit licensed for the care of eight (8) or fewer children or adults), or as otherwise defined by state law;
2. Family day care home, large (a dwelling unit licensed for the care of nine (9) to fourteen (14) children or adults), or as otherwise defined by state law;
3. Day care center (a facility licensed for the care of more than fourteen (14) children or adults). "Day services center" means a program which provides a wide variety of counseling, referrals, and other nonmedical, nonresidential services daily to more than twelve (12) persons. "Deck" means a platform requiring ground supports which is roofless and not enclosed, and which is commonly used for recreation purposes.
"Density bonus" means concessions or incentives for additional housing density beyond such regulations contained for residential development within the San Rafael Municipal Code or the San Rafael general plan, for projects that are consistent with the requirements of Government Code Section 65915 and/or Section
14.16.030(H)(1) of the San Rafael Municipal Code.
“Design professional” see definition in San Rafael Municipal Code Section 2.16.040. "Development" or "development project" means any subdivision, other division of land or condominium conversion; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any change in use or extension of the use of land.
"Directional sign" means any sign, which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to provide direction to the public. Such a sign contains no advertising copy.
"Directory sign" means an identification sign listing the tenants of a building, or the bulletin board of a public, charitable, religious, or fraternal institution used to display announcements relative to meetings and activities to be held on the premises and/or displaying the names of the officers of the organization. "Discount store" means a building or group of buildings typically providing regional market-base discount sales of retail items.
"Dispensary" means a storefront or facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale. "Displaced person" means any person: (1) who lawfully occupies rental property as a primary place of residence; (2) whose continued occupancy of the rental property would be inconsistent with a proposed development project; and (3) whose tenancy is terminated by the owner, whether by the owner's termination of the lease or tenancy or the owner's refusal to renew the lease or tenancy, unless the tenancy is terminated because of a default under the lease by the tenant.
"Distribution" means a use engaged primarily in delivery of manufactured products, supplies and equipment, including incidental storage and sales activities.
"Double-faced sign" means a sign consisting of two (2) sign faces, which are placed back-to-back, so that only one sign face is visible from any one location.
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"Downtown" encompasses those properties and parcels within the boundaries of the downtown mixed use (DMU) district. The downtown mixed use district encompasses the geographic area presented on the following map:
"Downtown parking district" means the area which encompasses the boundary generally between Hetherton and E Streets, and Second Street and Fifth Avenue, as shown on map contain in the Downtown San Rafael Precise Plan adopted by separate ordinance.
"Drainageway" means:
(1) An open swale or localized depression that lacks defined banks, which transports stormwater to creeks, wetlands or water bodies such as the bay; and
(2) Man-made open ditches or channels (typically with low habitat value) which drain developed properties. Drainageway is distinguishable from a "creek." "Driveway" means a private roadway providing vehicular access to dwelling(s), structure(s) or parking spaces. "Dwelling unit" means one or more rooms designed, occupied or intended for occupancy as separate living quarters for the exclusive use of one household, with a kitchen, sleeping facilities, and sanitary facilities.
Dwelling unit, second. "Second dwelling unit" means an additional, separate dwelling unit meeting defined standards, as specified in Section 14.16.285 of this title, and located on the same lot as a single-family dwelling within a residential district.
"Egress" means an exit.
Emergency shelter for the homeless, permanent. "Permanent emergency shelter for the homeless" means a permanent residential facility operated by a provider which provides emergency housing or temporary accommodations year-round to homeless persons and/or families on a nonprofit basis, and which meets the standards for shelters contained in this title. A facility under this section does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided.
Emergency shelter for the homeless, temporary or rotating. "Temporary or rotating emergency shelter for the homeless" means a nonprofit temporary or emergency housing facility for individuals and families authorized to operate up to six (6) consecutive months. A facility under this definition does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided.
"Emergency shelters" means housing as defined under the State Health and Safety Code Section 50801(e); i.e., with minimal supportive services for homeless person(s) that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay.
Entertainment, live. See "Live entertainment."
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"Equipment cabinet" means a cabinet, structure, or building used to house equipment associated with a wireless communication facility.
"Equivalent alternative action" means actions performed by a developer that the city council, in its sole discretion, determines will further the affordable housing goals of the city to an equal or greater extent than compliance with the requirements herein.
"Excavation" means removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
Family day care, large. See "Day care facility."
Family day care, small. See "Day care facility."
"Fast food restaurant" means a facility which specializes in rapidly prepared foods and beverages, served with dispensable (such as paper or plastic) plates and utensils for on- or off-site consumption. Table service is generally limited to delivery of counter-ordered meals and busing. Service to persons in vehicles may be a function of fast food restaurants. Fast food restaurants have high customer volume and high traffic generation, plus one or more of the following elements:
1. Drive-through service;
2. Late/early hours of operation (open after eleven p.m. (11:00 p.m.) or before six a.m. (6:00 a.m.));
3. Potential litter problems;
4. Noise (for example, from drive-through intercoms);
5. Potential outdoor gathering places.
"Federal Communication Commission (FCC)" is an independent United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite and cable.
"Fence" means an artificially constructed barrier of any material or combination of materials serving to enclose or screen areas of land.
"Fill" means earth or any other substance or material, including pilings, placed or deposited by humans. "Financial services" see "Banks and financial services" "Firearms dealer" means any person licensed to sell, lease or transfer firearms pursuant to California Penal Code Section 12071(a)(1).
"Fitness/recreation facility" means facilities providing equipment and areas for exercise, training, recreation and classes for individuals, groups or both. Examples of these facilities include, but are not limited to: health clubs, gymnasiums, indoor sports facilities, rock climbing facilities, etc. These facilities are primarily drop-in facilities, and may include accessory instructional uses. See "School, specialized education and training" definition for uses primarily involving instructional or educational training. "Flashing sign" means any sign which is perceived as an intermittent or flashing light. Time and temperature signs are excluded from the category of flashing signs. "Floor area ratio (FAR)" means the total building square footage (gross floor area) divided by the land area, as further defined in Section 14.16.150, Floor area ratios applicable to nonresidential development. "Food service establishment" means a business serving food and/or beverages such as a restaurant, café, coffee shop, cocktail lounge or brew pub. Food service establishment is distinguishable from a "food service establishment, high volume" and "fast food restaurant" by volume, food type and/or service. 4891-1508-9091 v1
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Food service establishment, high volume. "High volume food service establishment" means a food service establishment over one thousand (1,000) square feet in size which serves more than two hundred (200) lunches daily or equivalent volume at other mealtimes.
"Fortunetelling" means the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force.
"Fractional unit" occurs when the required percentage of affordable housing units results in less than one unit or a combination of affordable housing units and less than one full unit. For example: total number of new units twelve (12) multiplied by the required affordable housing units fifteen percent (15%) results in one full unit and a .80 fractional unit or eighty percent (80%) of a full unit. "Freestanding sign" means any sign that is designed and constructed as a stand alone structure, which is selfsupporting on the ground, not affixed to or attached to a building. Types of freestanding signs include pole or pylon signs and monument signs.
"Frontage, business or use" means the front face or front elevation of a building containing a single business or use that is most parallel to and fronts on a public street, public right-of-way, public parking lot or public parking garage. Frontage width is measured in linear feet.
"Game arcade" means a use with five (5) or more coin-operated amusement devices. "Garage" means a building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles. Includes public and commercial parking facilities. See also "Carport." "Gasoline station" means a facility which dispenses automotive fuel to the general public. "Grade" means the point of elevation as determined by the methods prescribed in the latest edition of the Uniform Building Code adopted by the city.
"Grading" means any cutting or excavation, filling or combination thereof. "Grocery store and supermarket" means a retail business where the majority of the floor area that is open and accessible to the public is occupied by produce, food and beverage products, and household items that are packaged for preparation and consumption for daily living needs. Grocery stores and supermarkets are distinguished from "convenience stores" in that they typically contain a retail floor area greater than ten thousand (10,000) gross square feet. Smaller grocery stores may occupy a retail floor area between five thousand (5,000) and ten thousand (10,000) gross square feet. Supermarkets generally offer a greater variety of products and household items, and may also include accessory uses within the retail sales area including, but not limited to, a pharmacy, café, or financial services.
Gross building square footage, hillside areas. "Hillside areas gross building square footage" means the sum of all enclosed or covered areas of each floor or all structures on the site, measured to the exterior of the enclosing walls, columns or posts including basement areas, unfinished attic or loft spaces and other areas capable of being finished into habitable space as determined by the California Building Code; garages and carport areas six feet (6') or more above the natural grade, measured to the exterior face of surrounding walls, column, or posts; other roofs or covered areas supported by walls, columns or posts and capable of being enclosed, measured to the exterior face of surrounding walls, columns or posts; roof penthouses; and accessory structures greater than one hundred twenty (120) square feet in floor area. Excluded are areas permanently open to the sky; exterior areas under roof eaves, trellises or cantilevered overhangs and attic spaces and underfloor spaces that are not capable of being finished into habitable space.
"Gun shop" means an establishment or person engaged in the sale, lease or transfer of firearms pursuant to California Penal Code Section 12071(a)(1).
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"Handicapped" means a person with a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, but such term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802) as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988). "Height, downtown mixed use district" means the height of all structures, fences and walls located within the downtown mixed use district measured in accordance with the methodology presented in the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance. "Height, hillside" means the height of all structures, fences and walls measured vertically from the existing (e.g., natural) grade to the uppermost point of the roof edge, wall parapet, mansard or other feature above the existing grade at any given point. See illustration below. "Height, non-hillside " means the vertical distance above a reference datum measured to 1) The highest point of the coping of a flat roof or to the deck line of a mansard roof or 2) To the average height of the highest pitched roof (see Figure 3 for various roof types.) The reference datum shall be selected by either of the following, whichever yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall (Figure 1) of the building when such sidewalk or ground surface is not more than ten (10) feet above the lowest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior of the building (see Figure 2A).
2. An elevation ten (10) feet higher than the lowest grade when the highest adjoining sidewalk or ground surface described in Item 1 above is more than ten (10) feet above lowest grade (see Figure 2B).
The height of a stepped or terraced building may be determined based on the existing grade condition at each distinctive building segment, as determined by the community development director. 4891-1508-9091 v1
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"High top of creek bank" means the side of a creek, the top of which shall be the topographic line roughly parallel to the creek centerline, where the side slopes intersect the plane of the ground traversed by the creek.
Where the banks do not distinguishably end, the surrounding country being an extension of the banks, the top of such banks shall be determined by the planning director. "Home occupation" means an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one (1) or more persons, all of whom reside within the dwelling unit, as further defined in Section
14.16.220, Home occupations, but not including those facilities defined as short-term rentals in Section 14.03.030 of this Code.
"Hospital" means a facility providing medical, psychiatric or surgical services for sick or injured persons primarily on an in-patient basis, including facilities for out-patient and emergency treatment, diagnostic services, training, research and administration, and services to patients, employees or visitors. "Hotel" means any building or portion thereof designed for compensation, primarily for the accommodation of transient travelers, with eating, drinking, banquet and recreational facilities related to the hotel use, but not including those facilities defined as residential care facilities. 4891-1508-9091 v1
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"Household" means one or more persons, whether or not related by blood, marriage or adoption, jointly occupying a dwelling unit in a living arrangement characterized by the sharing of common living areas, including area and facilities for food preparation. Indicia of a separate household include, but are not limited to, one (1) or more of the following: a separate exterior entrance, a separate address, a separate mail box designation, a separate utility service or meter, a separate cable television line, and the existence of a rental advertisement for the separate living quarters immediately preceding their occupancy. "Identification sign" means a sign which serves to identify only the name, address and lawful use of the occupant, business or use upon which the sign is located, and which may include the emblem or insignia when used by an organization.
"Improvement" means the construction, alteration and repair of all buildings, structures and facilities permanently affixed to real property and appurtenances thereto. "Informational sign" means a sign which is designed and erected solely for the purpose of communicating information for the safety or convenience of the public. Examples of such signs include no smoking, restrooms or telephone.
"Ingress" means access or entry.
"JADU" see definition for "Junior Accessory Dwelling Unit." "Junior accessory dwelling unit" ("JADU") means an accessory dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within the walls of a proposed or existing single-family residential space and meets the additional standards provided in section 14.16.285 C.2. "Kiosk" means a small, freestanding accessory structure used for retail or service uses (see also Section
14.16.225).
"Kitchen" means any portion of a structure equipped, used or intended to be used for the storage, preparation, and cooking of foods with proximal arrangement of two (2) or more of the following: (a) sink (other than that associated with a bathroom), (b) food storage and preparation areas, (c) refrigerator, or (d) cooking appliances including a stove, microwave oven, convection oven, cooking burners or similar appliances. The storage of food in a pantry, freezer or refrigerator located in any area of the structure shall not, by itself, classify such area of the structure as a kitchen.
"Laboratories" means establishments providing medical or dental laboratory services or establishments providing photographic, analytical, or testing services. "Landscaping" means an area devoted to or developed and maintained with native or exotic plantings including lawn, ground cover, gardens, trees, shrubs or other plant materials; as well as entry areas, courtyards and similar with decorative outdoor landscape elements such as pools, fountains, sculpture, seating and paved or decorated surfaces (excluding driveways, parking, loading, storage areas and sidewalks outside of the entry, courtyard or large planted areas).
"Level of service (LOS)" means a standard qualitative circulation measure describing traffic-operating conditions in terms of speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety. Six (6) levels of service are defined, from LOS A, representing the best operating conditions, to LOS F, representing the worst.
"Live entertainment" includes the following activities where they occur as part of a commercial use three (3) or more times during a calendar year:
1. Bands, dance bands or disc jockeys;
2. Performances (comedy, music, theatrical, dance) by one or more persons, regardless of whether performers are compensated.
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A single performer, such as a singer or pianist providing background music (without billing or advertisement) at a restaurant or bar is exempt from this definition.
"Live/work quarters" means an area comprised of one or more rooms that accommodates joint work activity and residential occupancy, and which includes residential occupancy and work activity, and which includes: (1) working space reserved for and regularly used by one or more of the persons residing therein, and (2) cooking, sleeping and sanitary facilities. All living spaces shall be contiguous with and made an integral part of the working space with direct access between living and working areas. "Loading space" means an off-street space or berth used for the loading or unloading of commercial vehicles.
Lodges. See "Clubs."
"Lot" means a specific area of land, the boundaries of which have been established according to the legal requirements in effect at the time the lot was created or which has been issued a certificate of compliance. "Lot area" means the area of the property within the property boundaries as described in the recorded grant deed including any easements, and unaccepted offers and dedications of rights-of-way. Consistent with Section
15.06.030 (subdivision design standards), the panhandle portion of a flag lot that is primarily used and intended for access shall not be included in lot area for purposes of development and application of development standards. "Lot coverage" means that portion of the lot covered by buildings, including stairways; covered walkways; covered patios; covered parking structures; covered decks or uncovered decks over thirty inches (30") in height; and detached recreational and storage structures that are greater than one hundred (120) square feet in size. Lot coverage excludes residential fences, ground level landscaped areas, walkways and paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered recreational and uncovered parking and driveway areas, detached garden sheds, tool sheds, playhouses and similar detached accessory structures that do not require a building permit and are not greater than one hundred twenty (120) square feet in size and no taller than eight feet (8') in height, and portions of structures that are located below grade. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. "Lot line", see "Property line."
"Lot width" means lot area divided by lot depth.
Lot, corner. "Corner lot" means a lot bounded on two (2) or adjacent sides by street lines, providing that the angle of intersection does not exceed one hundred thirty-five degrees (135º). "Lot, panhandle/flag" means a lot that is served by a narrow strip of land that is primarily intended and used for gaining access to a major portion of the lot or parcel. See Title 15, subdivisions, for regulations addressing the formation of a flag or panhandle lot.
Lot, reverse corner. "Reverse corner lot" means a corner lot, where the rear yard of a lot is adjacent to the side yard of an adjoining lot.
Lounge, cocktail. See "Cocktail lounge."
Low income. See "Affordable housing."
"Low income household" means households earning less than eighty percent (80%) of county median income according to the latest Federal Housing and Urban Development Department income limits table (or similar table provided by the Marin Housing Authority), or as otherwise defined by resolution of the city council. "Mansard sign" means any sign attached to or supported by a sloped roof element such as a mansard or gable.
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"Manufactured home" means a single-family detached structure that is manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Home Construction and Safety Standards Act of 1974, and shall include structures known as manufactured homes or mobile homes. "Marina" means a facility for storing, servicing, fueling, berthing and securing and launching of private pleasure craft or commercial boats, and which may include the sale of fuel and incidental supplies for the boat owners, crews and guests.
"Market rate housing units" means dwelling units in a residential or mixed-use project that are not affordable housing units.
"Marquee sign" means any sign that is on top, attached to the face of or suspended below a marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles with the face of the building.
"Massage" and/or "bodywork" means the skillful application of touch, including, but not limited to, pressure, stroking, kneading, compression on, or movement of the external surfaces of the body by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation. "Massage and/or bodywork office or establishment" means any establishment having a fixed place of business, vehicle or vessel, where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on as regular functions any massage and/or bodywork activities as defined above. Any establishment engaging in or carrying on, or permitting any combination of massage and/or bodywork shall be deemed a massage and/or bodywork office or establishment. "Massage and/or bodywork practitioner" means any individual who, for any consideration whatsoever, engages in the practice of massage and/or bodywork, whether or not employed on the premises of a massage and/or bodywork office or establishment or acting as an independent contractor or as an owner. "Median income" means the median household income for the San Francisco Primary Metropolitan Statistical Area (PMSA)—comprised of San Francisco County, San Mateo County and Marin County—as published by the United States Department of Housing and Urban Development (HUD), Office of Economic Affairs, Economic and Market Analysis Division, with adjustments for smaller or larger households made according to HUD's standard adjustment factors for household size, or as otherwise defined by resolution of the city council. "Medical cannabis" or "medicinal cannabis" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), as further defined by SRMC
10.96.040.
Medical office. See "Office, medical."
"Mini-market" means a retail sales establishment operated in conjunction with a gasoline station, occupying a retail sales area open to the public between one hundred (100) square feet and one thousand (1,000) square feet, for the purpose of selling prepackaged food, beverages and similar small convenience items to gasoline station customers.
"Mixed-use project" means a development in which more than one use is combined in a single building or on a single site.
"Mobile home" means a structure, transportable in one or more sections, with or without a permanent foundation, designed to be used as a dwelling unit and connected to the required utilities. A mobile home does not include a recreational vehicle, motor coach, trailer coach or travel trailer. "Mobile home lot" means a plot of land for placement of a single mobile home within a mobile home park; a mobile home pad.
"Mobile home park" means a residential facility with two (2) or more mobile home lots available for rent, lease or purchase, and providing services and facilities for the residents. 4891-1508-9091 v1
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"Moderate income household" means a household with total gross annual earnings of less than one hundred twenty percent (120%) of median income as defined in this section. "Monument sign" means a freestanding sign that is supported by a solid base or foundation rather than a pole or post.
"Motel." See "Hotel."
"Motor vehicle repairs and maintenance" means the repair, alteration, restoration, towing, painting, cleaning or finishing of vehicles as a primary use including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use is distinguished by two (2) categories: major repair of vehicles, which includes, but is not limited to, facilities providing major engine work, body work, and vehicle painting; and facilities providing minor repair and maintenance, which includes, but is not limited to, tune-ups, replacement and repair of brakes, batteries, tires, mufflers, and upholstery.
"Multiple copy sign" means a sign which advertises more than one business or use and the principal product or service.
"Multi-tenant sign" means a sign, which displays a list of multiple tenants, businesses or uses in one or more buildings located on one site.
"Mural" means a large painting that is executed directly on or permanently affixed to the surface of a wall depicting, among others, a scene or art.
"Mural sign" means a mural that depicts or includes written script, logo or art that is intended to display or advertise the sale of goods or services shall be considered a sign, subject to the provisions of Chapter 14.19, Signs. "Nameplate" means a sign containing either or both the name of the occupant or building and the address of the site.
"Natural state" means all portions of lots that remain undeveloped and undisturbed. Grading, excavating, filling and/or the construction roadways, driveways, parking areas and structures are prohibited. Incidental minor grading for hiking trails, bicycle paths, equestrian trails, picnic areas and planting and landscaping which enhances the natural environment are permitted when approved through an environmental and design review permit.
Needed neighborhood-serving use. For the purposes of bonus trip allocations, "needed neighborhoodserving uses" consist of those needed service uses identified in a neighborhood plan, the general plan or as determined by resolution of the planning commission and/or city council. "Nonconforming structure" means a structure or building, the size, dimensions or location of which was lawful prior to the adoption of this title or any subsequent revision or amendment, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. "Nonconforming use" means a use or activity which was lawful prior to the adoption of this title, or any subsequent revision or amendment of this zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. "Office, administrative" means an office-type facility used for administrative purposes, and/or occupied by a business engaged in the production of intellectual property. Examples of these uses include, but are not limited to, advertising agencies, commercial art and design services, construction contractors (office facilities only), design services including architecture, engineering, landscape architecture, urban planning, educational, scientific and research organizations, media postproduction services, news services, photography studios, and writers' and artists' offices.
"Office, business" means an establishment providing direct services to consumers. Examples of these uses include, but are not limited to, employment agencies, insurance agent offices (small-scale customer service offices, not administrative), real estate offices, travel agencies, utility company payment offices (not administrative). This use does not include banks and financial services, which are separately defined. 4891-1508-9091 v1
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Office, general. "General office" means a use providing administrative, professional or business services.
Office, medical. "Medical office" means a facility, other than a hospital, where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical office use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services by doctors, dentists, medical and dental laboratories, chiropractors, counselors, physical therapists, respiratory therapists, acupuncturists and psychiatrists, and similar practitioners of medical and healing arts for humans licensed for such practice by the state of California. Medical office uses typically require use of specialized medical equipment and medical training to evaluate, diagnose and administer treatments, medication or therapies which require a prescription (including administering oxygen or performing dialysis, and sleep diagnostics facilities); increased support staff needs; multiple patient treatment rooms; and patient waiting areas. Counseling services and other services provided by nonmedical professionals may also be included under "offices, general." "Office, professional" means an office-type facility occupied by a business providing professional services.
Examples of these uses include, but are not limited to, accounting, auditing and bookkeeping services, attorneys, counseling services, court reporting services, detective agencies and similar services, financial management and investment counseling, literary and talent agencies, management and public relations services, psychologists, secretarial, stenographic, word processing and temporary clerical employee services. "Official sign" means a sign required by a governmental body that is to discharge its legally required functions.
"On-site" means located on the lot that is the subject of an application for development. "Open space" means any lot or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. "Open water" means submerged lands lying below 4.5 NGVD (mean sea level datum) and/or as shown on the San Rafael zoning map.
"Outdoor eating area" means any outdoor eating area used in conjunction with a food service establishment. "Outdoor storage" means the keeping in an unroofed area of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. "Overhang" means the part of a roof or wall which extends beyond the facade of a lower wall. "Owner or operator" (also "provider or service provider") means the person, entity or agency primarily responsible for installation and maintenance of a wireless communication facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located. "P.M. peak hour trip" means the number of vehicular traffic movements entering and exiting a site during the highest volume consecutive sixty (60) minutes in the p.m. peak period from four p.m. (4:00 p.m.) to six p.m. (6:00 p.m.) on the local street system.
Parcel. See "Lot."
"Parking access" means the area of a parking lot that allows motor vehicles ingress and egress from the street.
"Parking area" means any public or private land area designed and used for parking motor vehicles, including, but not limited to, parking lots and garages.
Parking facility. See "Parking area."
"Parking lot" means an off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.
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"Parking space" means a space for the parking of a motor vehicle within a public or private parking area. "Pedestrian-oriented design" means design qualities and elements that contribute to an active, inviting street-level environment, making the area a safe and attractive place for pedestrians. "Performance standards" mean a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.
"Personal service" means provision of service of a personal nature. This classification includes, but is not limited to, barber and beauty shops, nail/manicure shops, dry cleaners, tailors, shoe repair shops, cosmetologist, skin-care consultant, esthetician, massage/bodywork and acupressure. "Planning director" is synonymous with "community development director," as used in this Code. "Pole or pylon sign" means a freestanding sign that is supported by a pole or post. "Poolhall" means any use with two (2) or more billiard tables. "Portable sign" means a sign that is constructed or designed to roll, slide or be moved from one location to another. Examples of portable signs include, but are not limited to, an A-frame sign and an I-frame sign. "Private yard area" means a usable outdoor area adjoining a unit and intended for the private enjoyment of the occupants of the unit. Private yard area shall be defined such that its boundaries are evident. Private yard area may include balconies, decks, patios or porches.
Project. See "Development."
"Projecting or blade sign" means any sign, which projects from the face of a building and is supported by brackets, a projecting post or frame that is anchored to the building face. A blade sign is a small projecting sign. "Property line" means the recorded boundary of a lot or parcel of land. When two (2) property lines meet or join at an angle that is greater than one hundred thirty (130) degrees, they are considered the same property line for the purpose of defining one (1) yard area and determining required yard setbacks. "Public access" means permanent pedestrian, bicycle and/or vehicular access in or adjacent to natural amenities for study or enjoyment.
"Public improvement" means any improvement, facility or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy or similar essential services.
Recreation facility. "Recreational facilities" may include, but are not limited to, community centers, swimming or wading pools, spas, court facilities (such as tennis, basketball, or volleyball), picnic or barbecue areas and enclosed tot lot facilities with play equipment.
"Related equipment" means all equipment ancillary to the transmission and reception of any signal via radio frequencies. Such equipment may include, but is not limited to, cable, guy wires, conduit, conductors and power lines and their supporting poles associated with a wireless communication facility. "Religious institution" means a use located in a permanent building and providing regular or organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained, pursuant to the Constitution of the State of California and of the Revenue of Taxation Code of the State of California, shall constitute prima facie evidence that such use is a religious institution as defined herein. Religious institution includes a seminary, retreat, monastery and conference center of similar use for the conduct of religious activities, including accessory housing incidental thereto, but excluding a private educational facility.
"Relocation assistance" means the provision of rental assistance to low-income residential unit tenants that are: a) required to vacate a dwelling unit due to unit renovation, conversion or demolition proposed in conjunction 4891-1508-9091 v1
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with a development project or property improvements; and b) permanently displaced from the premises by a landlord or property owner, where the tenant is required to seek and secure new housing. A permanently displaced resident qualifying for relocation assistance shall be a tenant of record listed either on a current lease or rental agreement that meets the County of Marin criteria as a low-income household. Relocation assistance is administered under Section 14.16.279 of this Title.
"Research and development facility" means a use engaged in study, testing, design and analysis, and experimental development of products, processes or services, including incidental manufacturing of products or provision of service to others.
"Research and development industry" means establishments primarily engaged in the research, development and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the hearing body, by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. This classification includes biotechnology firms, and manufacturing of nontoxic computer components. "Research and development services" mean establishments primarily engaged in industrial or scientific research, including limited product testing. Includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.
Residential care facility, large. "Large residential care facility" means a dwelling unit licensed by the state to serve seven (7) or more clients, which provides twenty-four (24) hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual.
Residential care facility, small. "Small residential care facility" means a dwelling unit licensed by the state to serve six (6) or fewer clients which provides twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
"Residential development project" means a project for the construction or placement of a dwelling unit or an accessory dwelling unit, manufactured home, or a mixed-use development as defined in this section or the subdivision of land for a residential development project or a mixed use project. "Residential, duplex" means one (1) structure on a single lot containing two (2) dwelling units, each of which is functionally separate from the other. This definition includes use of a duplex unit(s) as a household for "transitional housing" and "supportive housing" as defined under the State Health and Safety Code. "Residential, multifamily" means medium and high density residential development, including a "transitional housing development" or "supportive housing" as defined under State Health and Safety Code Section 50675.2 (and subsequent amendments), containing three (3) or more attached dwelling units in one (1) or more structures located on a single parcel or common lot.
"Residential nameplate" means a plate of metal, glass, wood, etc., bearing a person's name, such as is often placed on or near the door of a dwelling or mailbox.
"Residential, single-family" means low density residential development containing one (1) primary residential "dwelling unit" for use by a single household on a single parcel. This definition includes use of a single-family dwelling and/or accessory dwelling unit as a household for "transitional housing" or "supportive housing" as defined under the California Health and Safety Code.
"Retaining wall" means a wall that is constructed to hold back or support an earthen bank, slope or hillside.
Reverse corner lot. See "Lot, reverse corner."
"Ridgeline" means a line following the long axis of a ridge (e.g., a long, narrow, conspicuous elevation of land) or knoll, comprised of the points of the highest ground elevation in locations that have been identified on the 4891-1508-9091 v1
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ridgeline map (aka, "City of San Rafael Ridgeline Map" on file with the planning division). For purposes of review under the -H hillside overlay zoning regulations, a "visually significant ridgeline" shall include the area within one hundred (100) vertical feet of a ridgeline as identified on the San Rafael Ridgeline Map and located within "visually significant hillside, ridges and landforms areas" as designated on the community design map exhibit of the general plan.
"Riparian" means vegetation which is located adjacent to a watercourse or drainageway. "Roof signs" mean any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building or the top of a mansard roof.
Rooming house. See "Boarding house."
School, parochial or private. "Parochial or private school" means any building or group of buildings, the use of which meets state requirements of primary, secondary or higher education and which does not secure the major part of its funding from any governmental agency. "SB 9 housing development" means a development in compliance with the provisions of SB 9 HOME Act of SRMC Section 14.16.282 that contains no more than two (2) primary dwelling units.
School, parochial or private. "Parochial or private school" means any building or group of buildings, the use of which meets state requirements of primary, secondary or higher education and which does not secure the major part of its funding from any governmental agency. "School, specialized education and training" means private school uses offering instruction in areas such as, but not limited to, art, business trade, dance, computers and electronics, drama, driver's education, language, music, performing arts, sports (e.g., individual or group golf or baseball, etc.) or vocational trades. Does not include preschools and child day care facilities (see "day care centers"). "Seasonal outdoor eating area" means any outdoor eating area used in conjunction with a food service establishment which is operated only during the months of March through November. Seasonal outdoor eating areas shall have only temporary, movable perimeter barriers, fixtures and sunshades. "Senior housing" means residential development designed for households occupied by senior citizens. Any age restrictions must be consistent with federal and state requirements. Such development may include central recreation areas and accessory medical facilities.
"Service provider" means any authorized provider or carrier of wireless communications services. "Setback" means the distance between the property line and the exterior wall of a structure, excluding architectural features and other structures referenced in Section 14.16.130 of this title. Building setbacks are measured from established lot lines, irrespective of location of easements. See also definition for "yard". "Shopping center" means a group of commercial establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the site.
"Shopping mall" means an enclosed group of commercial establishments, planned, owned or managed as a unit, with covered, common-gathering areas and off-street parking provided on the site. "Short-term rental" means the rental of all or a portion of a dwelling unit for less than thirty (30) days consecutive tenancy.
"Sign" means any medium for visual communication, which is used or intended to be used to attract attention to a location, use, or subject matter for advertising, instruction, information or identification purposes.
Seasonal decorations, such as holiday greetings and displays that do not include advertising, are not defined as a sign and are not subject to the provisions of this chapter. 4891-1508-9091 v1
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"Sign program" means a program providing a coordinated signing plan for one (1) or more businesses or uses located on one (1) site or several contiguous sites, which utilizes one (1) or more common elements such as color, materials, lettering, illumination, sign type and sign shape.
Single-room occupancy development. See "boarding house." "Site" means a lot or lots used as a unit for the development of a project which may consist of one (1) or more buildings.
Slope, average. The average slope of a parcel shall be calculated using the following formula:
S=
Where S is the average percent of slope; .00229 is the conversion factor for square feet; I is the interval in feet; L is the summation of length of the contour lines in scale feet; and, A is the area of the parcel in acres. "Small lot" means a legally subdivided lot in a given zone which is smaller in width and/or area than minimum requirements now required in the given zone.
"Small wind energy system" means a wind energy conversion system consisting of a freestanding or roof mounted wind turbine and associated control or conversion electronics which is intended to produce energy for use primarily on site.
"Small wireless facility" means a small wireless facility as defined by the FCC and that meets the following requirements:
A. Meet one (1) of the following mounting requirements:
1. Are mounted on structures fifty feet (50′) or less in height including their antennas as defined in Section 1.1320(d), or
2. Are mounted on structures no more than ten percent (10%) taller than other adjacent structures, or
3. Do not extend existing structures on which they are located to a height of more than fifty feet (50′) or by more than ten percent (10%), whichever is greater; B. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in Section 1.1320(d)), is no more than three (3) cubic feet in volume; C. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume.
Antenna equipment, means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna. "Specialty retail" means stores which sell nonconvenience goods needed on an infrequent basis. Specialty retail may have a more limited focus in specific zoning districts, consistent with the purposes of each district.
Specialty retail, bulk. "Bulk specialty retail" means the sale of large, major purchase, nonconvenience items.
Examples of specialty retail involving bulk retail goods include, but are not limited to, the following: appliance stores; motor vehicle sales, new or used; furniture stores; spa/hot tub sales. "Specialty retail, consistent with industrial uses" mean the retail sales of items which are related, supportive or complimentary to industrial uses. Examples include, but are not limited to, sales of the following: auto parts and supplies; building materials and supplies; motor vehicles, new or used. 4891-1508-9091 v1
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"Specialty retail, consistent with office uses" mean the retail sales of items which are related, supportive or complimentary to office uses. Examples include, but are not limited to, sales of the following: computers; office furniture (sales or rentals); office supply and business machine shops.
Specialty retail, region-serving. "Region-serving specialty retail" means those retail uses which have a regional, rather than local or neighborhood, market base. These types of uses are generally high tax revenue generators and more than fifty thousand (50,000) square feet in size. Examples include, but are not limited to, the following: discount stores, large scale; furniture stores; home improvement stores; motor vehicle sales, new. "Stealth design" means a wireless communication facility design that blends in with the surrounding environment by means of screening, concealment or camouflage. "Story" means any floor having its finished floor surface entirely above grade and at least six (6) feet in height; or any floor that is partially below grade and where the finished surface of the floor above it is at least six (6) feet above the lowest grade:
"Structure" means anything constructed or erected that requires a foundation or a structural support on the ground, including a building or public utility, but not including: a fence or a wall used as a fence if the height does not exceed seven feet (7′); retaining walls four feet (4′) or less in height; in-ground swimming pools; and improvements built at-grade such as parking lots and access drives or walks.
Structure, accessory. See "Accessory structure."
"Subdivision or neighborhood identification sign" means a sign containing the name of a subdivision, development or neighborhood.
"Subterranean" means a structure, improvement or building floor level that is constructed entirely below ground with all points to the top of the structure or floor level being situated entirely below natural and finished grade; exclusive of any excavations made to provide required ingress or egress. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population (i.e., adults with low-income having one (1) or more disabilities including mental illness, HIV or AIDS, substance abuse or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act Division 4.5, commencing with Section 4500 of the Welfare and Institutions Code and may include, among other populations, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting institutional settings, veterans, or homeless people) and that is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Taxi station" means taxi headquarters with administrative and/or dispatch offices and taxicab parking and storage.
"Temporary window sign" means any temporary sign painted on a window or constructed of paper, cloth or other light material and attached to the window, or located within three feet (3′) of the interior side of the window, and displayed so as to call attention of persons outside of the building to a sale of merchandise or change in the status of a business or use.
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"Tobacco retailer, significant" means a retail establishment that devotes twenty percent (20%) or more of its sales or display area to, or derives seventy-five percent (75%) or more of its gross sales receipts from, the sale of tobacco products and/or tobacco paraphernalia.
"Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.
"Transportation System Management (TSM)" means the use of incentives and/or disincentives by local employers to assist in reducing the number of single-passenger auto commute trips and peak-hour trips by increasing the use of carpools, vanpools, public transit, bicycles and walking, and through the use of flex-time. "Usable outdoor area" means an area open to the sky with a slope less than ten percent (10%). The usable outdoor area shall be a well-defined coherent space that is an integral component of the project design. Usable outdoor area includes private yard areas and common areas suitable for passive and active recreation use. Such areas may be located on the ground, roof, balcony, patio or terrace; and excludes minor decorative landscaping, driveway areas, parking facilities, and utility or service area. Common usable outdoor area shall have a minimum dimension of twelve feet (12′).
Diagram B for Section 14.03.030
USABLE OUTDOOR AREA
Vehicle, recreational. "Recreational vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreational vehicle shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats, and boat trailers. "Very-low income household" means a household with total gross annual earnings of less than fifty percent (50%) of median income as defined in this section.
"Wall sign" means any sign painted on or attached parallel to the wall of a building and projecting not more than twelve inches (12″) from the building face.
"Warehousing" means the commercial or industrial use of a building or buildings primarily for the storage of goods or materials.
"Water-efficient landscape" means landscaping and irrigation that has been designed and installed to comply with Marin Municipal Water District (MMWD) Ordinance No. 414, as adopted by reference in Section 14.16.370 of 4891-1508-9091 v1
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this Title. A water-efficient landscape is designed to conserve water usage by establishing and applying a "maximum applied water allowance," which is the upper limit of annual applied water for a landscape area based on the local evaporation factor, and site-specific factors such as soil, slope and planting conditions. The requirements for a water-efficient landscape are administered under Section 14.16.370 of this Title. "Water-oriented" means uses which are either water frontage dependent, or which attract people to the waterfront.
"Wetland creation" means a human activity bringing a wetland into existence at a site in which it did not formerly exist.
"Wetland restoration" means a human activity that returns a former wetland from an altered condition, in which all or virtually all wetland functions and values have been lost, to a condition with full wetland functions and values. Restoration does not mean enhancement of wetlands which, though degraded, nonetheless provide significant biological wetland functions or values.
"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (same as U.S. Army Corps of Engineers). (See Section
14.13.050(A), Determination of Wetland Boundaries).
"Wholesale" means a use engaged primarily in the selling of any type of goods for purpose of resale, including related storage and distribution.
"Wildlife" means animals, including fish and fowl, and/or plants existing in their natural habitat. "Wind-blown device" means any man-made device which visibly moves when blown in the wind. "Window sign" means a sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located.
"Wind turbine" means a rotating machine which converts kinetic energy in wind into mechanical energy, which it then converts into electricity.
"Wireless communication facilities" means facilities regulated by the FCC that transmit and/or receive electromagnetic signals for cellular technology, personal communication services, enhanced specialized mobile services, paging systems, and radio and television broadcast transmission facilities. Facilities include antennas, microwave dishes, parabolic antennas, and all other types of equipment (but does not include small wireless facility, which is defined separately under "small wireless facility") used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development. These facilities include amateur radio antenna structures that exceed thirty feet (30′) in height but do not include government-operated public safety networks.
Wrecking yard, motor vehicle. "Motor vehicle wrecking yard" means any use of premises for the conduct of a business whereon two (2) or more vehicles not in operating condition are standing and/or on which used motor vehicles, or parts thereof, are dismantled and/or stored. "Yacht club" means a private social club which may include a club house, private berthing for club members, tie-up visitor docking, on-site parking for automobiles and boat trailers; and which may include dry storage for members' boats. The berthing or storage of boats for commercial purposes, party boats, and rental boats are specifically excluded.
Yard, front. "Front yard" means an open area extending along the full width of a lot between side lot lines and from the front lot line to a parallel line at a distance equal to the depth of the required yard (i.e., required setback area), within which no structure shall be located except as provided and/or permitted in this title. The front yard should be consistent with the orientation of the other lots and improvements on the same side of the 4891-1508-9091 v1
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street or consistent with any prior determination that was made to define the front yard. The front yard is usually the side where the main building entrance is located and in the general direction in which the main building faces.
Front yards shall be determined for lots as follows:
1. For a corner lot with two (2) street frontages, the front yard is typically the narrower of the two (2) frontages, except where an existing front building setback has clearly been established by prior property development.
2. For an interior lot with an irregular-shaped frontage, the front yard is defined as all portions of the lot that are parallel to and immediately front the road right-of-way or easement that provides access to the lot.
3. For a triangular shaped lot with fewer than four (4) lot lines, the director may determine the front yard location based on orientation of the building entrance and surrounding development pattern.
4. For a flag or panhandle lot, the front yard is defined as all portions of the lot within the required front setback measured from the longest property line that is most parallel and nearest to the public street.
The panhandle portion of the lot shall not be used in determining the required setbacks. See Title 15, Section 15.06.030(d).
Yard, rear. "Rear yard" means an open area extending across the full width of the lot between side lot lines and from the rear lot line to a line at a distance equal to the depth of the required yard, within which no structure shall be located except as provided in this title.
Yard, side. "Side yard" means an open area extending between the front yard and the rear yard and between the side lot line and a line at a distance equal to the depth of the required yard, within which no structure shall be located except as provided in this title.
(Ord. 1853 § 1, 2007; Ord. 1838 §§ 16, 17, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1825 § 2 (Exh. A) (part), 2004; Ord. 1823 § 1 (Exh. A) (part), 2004; Ord. 1797 § 1, 2003; Ord. 1765 § 1 (part) (Exh. A), 2001; Ord. 1756 § 1, 2000; Ord. 1751 § 1, 2000; Ord. 1748 § 1, 2000; Ord. 1742 § 1, 1999; Ord. 1740 § 1, 1999: Ord. 1731 § 1, 1998: Ord. 1713 § 1, 1997; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1879, § 9, 2-1-10; Ord. No. 1882, Exh. A, §§ 4—6, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord.
No. 1937 , § 2, 1-19-2016; Ord. No. 1955 , (Exh. A, §§ 1, 2), 3-19-2018; Ord. No. 1964 , § 2(Exh. B) § 1, 11-19-2018; Ord. No. 1967 , §§ 1, 2, 12-17-2018; Ord. No. 1976 , div. 2, 11-18-2019; Ord. No. 1996 , div. 2(Exh. A, 3.1), div. 2(Exh. C, 1.1), 8-16-2021; Ord. No. 2002 , div. 4, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022) Division II BASE DISTRICT REGULATIONS
Chapter 14.04 RESIDENTIAL DISTRICTS (R, DR, MR, HR)
14.04.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the residential zoning districts include the following:
A. To provide a wide variety of housing opportunities in terms of housing types, and neighborhoods with varying densities, lot sizes, and development standards; B. To protect and enhance existing residential neighborhoods through retention of existing land development patterns and retention of their varied design character; 4891-1508-9091 v1
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C. To promote new residential development compatible with environmental site constraints and nearby neighborhood development;
D. To provide opportunities for churches, day care facilities, residential care facilities and other uses which are considered to be compatible and desirable land uses within residential neighborhoods; E. To provide outdoor recreational amenities for residents; F. To ensure the provision of public services and facilities needed to accommodate planned residential densities;
G. To promote sensitive hillside residential design.
The additional purposes of each residential zoning district follow.
H. Single-Family Residential Districts (R5, R7.5, R10, R20, R1a, R2a).
1. The single-family residential districts provide opportunities for low-density, detached singlefamily residential development. Development densities are based on existing development patterns in the area and environmental site constraints. In hillside areas, development shall conform to the hillside development standards and review procedures established in Chapter
14.12, Hillside Development Overlay District.
2. Single-family residential districts include hillside resource residential land use categories with minimum densities of two (2) or more acres for minimum lot sizes; hillside residential and residential estate categories with densities from twenty thousand (20,000) square foot to two (2) acre lot minimums; and low-density residential land use categories with densities ranging from five thousand (5,000) square foot to twenty thousand (20,000) square foot lot minimums.
I. Duplex Residential District (DR).
1. The duplex residential district provides opportunities for single-family and duplex residential development. As a transitional area between single-family and multifamily districts, an intent of the district is to maintain the design character of single-family districts.
2. The duplex residential district is included in the medium-density residential land use category with a density of two thousand five hundred (2,500) square feet per dwelling unit.
J. Multifamily Residential Districts: Medium-Density (MR2, MR2.5, MR3, MR5).
1. The medium-density residential districts provide opportunities for a mixture of residential types, including detached single-family residences, duplexes and multifamily dwellings at medium densities. Desired styles of development within this district include garden apartments and condominiums.
2. Medium-density multifamily residential districts are included in the medium-density residential land use category with densities ranging from two thousand (2,000) square feet to three thousand (3,000) square feet per dwelling unit.
K. Multifamily Residential Districts: High-Density (HR1, HR1.5, HR1.8).
1. The high-density residential districts provide opportunities for high-density multifamily residential development.
2. High-density multifamily residential districts are included in the high-density residential land use category with densities ranging from one thousand (1,000) square feet to one thousand eight hundred (1,800) square feet per dwelling unit.
L. Planned Development District (PD). Planned development districts on large residential lots promote clustering of residences to avoid sensitive portions of the site. Densities are consistent with the general 4891-1508-9091 v1
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plan and typically are low. See Chapter 14.07, Planned Development District, for additional information.
(Ord. 1625 § 1 (part), 1992).
14.04.020 Land use regulations (R, DR, MR, HR, PD).
P: Permitted by right; C: Conditional use permit; A: Administrative use permit; Blank: Not allowed.
Table 14.04.020
Type of Land Use R DR MR HR PD Additional Use Regulations Residential Uses
Single-family residential P P P P C
Duplex residential P* P P P C *Pursuant to regulations and restrictions outlined in Section
14.16.282
Multifamily residential P P C
Accessory dwelling unit
(ADU)
P P P P P See standards, Section 14.16.285
Junior accessory dwelling
unit (JADU)
P P P P P See standards, Section 14.16.285
Animal keeping A A A A A See standards, Chapter 14.17.020 See Chapter 6.04
Boardinghouse or
roominghouse
C C C
Conversion of senior housing
to nonsenior housing
C C C C C
Emergency shelters for the
homeless
Permanent C See standards, Section 14.16.115
Temporary or rotating C C C C C
Home occupations P P P P P See standards, Chapter 14.16 Mobile home parks C C See standards, Chapter 14.17
Residential care facilities for
the handicapped
Small (0—6 residents) P P P P C
Large (7 or more residents) P P P P C
Residential care facilities,
other
Small (0—6 residents) P P P P C
Large (7 or more residents) C C
Visitor Accommodations
Bed and breakfast inns C* C C C *On nonhillside lots, 20,000 square feet or larger.
Hotels and motels C C
Day Care
Day care facility, child or
adult
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Family day care home
Small (0—8 children or
adults)
P P P P P
Large (9—14 children) A A A A A See standards, Chapter 14.17 Large (9—14 adults) C C C C C
Day care center (15 or more
children or adults)
C* C C C C* *Prohibited in R2a, R1a and PD
districts, and R20 hillside
residential lots.
Public, Quasi-Public and
Community Uses
Clubs and lodges, including
youth groups
C C C
Community gardens P P P P P Subject to performance standards outlined in Chapter 14.17.
Open space P P P P P
Public parks, playgrounds
and recreation facilities
P P P P P
Religious institutions C* C C C C* *Prohibited in R2a, R1a and PDhillside districts, and R20 hillside residential lots.
Schools
Public P* P P P C* *Prohibited in R2a, R1a and PDhillside districts, and R20 hillside residential lots.
Parochial, private C* C C C C* *Prohibited in R2a, R1a and PDhillside districts, and R20 hillside residential lots.
Use of closed school sites C* C C C C* May include: child care programs; educational, recreational, cultural
and religious classes, programs,
and activities; administrative
offices incidental to educational
service uses; churches; counseling
groups and those private business
uses which would be permitted as
home occupations. *Prohibited in
R2a, R1a, and PD-hillside districts,
and R20 hillside residential lots.
Offices and Related Uses
Medical services (medical,
dental and health-related
services with sale of articles
clearly incidental to the
services provided)
Hospitals C C
Major medical facilities,
including extended care
facilities (treatment and
C C C
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convalescent) and children's
treatment facilities
Commercial Uses
Plant nurseries and garden
supply
C C C C
Transportation Facilities
Parking lot, public or private C C C See regulations, Chapter 14.18 Accessory Structures and
Uses
Accessory structures and
uses customarily incidental
to a permitted use and
contained on the same site
P P P P P See regulations, Chapter 14.16
(Ord. 1838 § 18, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1802 § 2, 2003: Ord. 1663 § 1 (part), 1994; Ord. 1652 § 1, 1993; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 7, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1924, § 1, 9-15-2014 ; Ord.
No. 1937 , § 1, 1-19-2016; Ord. No. 1964 , § 2(Exh. B) § 2, 11-19-2018; Ord. No. 2002 , div. 5, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022)
14.04.030 Property development standards (R).
N.R.: Not required unless otherwise noted in Additional Standards. Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to site development standards. See Chapter 14.23, Variances, and Chapter 14.24, Exceptions, for allowable adjustments to these standards. See Chapter 14.25, Environmental and Design Review Permits, a listing of improvements subject to review (including upper story additions), and design guidelines and criteria for development.
Table 14.04.030
R2a R1a R20 R10 R7.5 R5 Additional
Standards
Minimum
lot area
(sq. ft.)
2 acres 1 acre 20,000 10,000 7,500 5,000/6,000
(corner)
(I)
Minimum
lot width
(ft.)
150 150 100 75 60 50/60
(corner)
(I)
Minimum
yards
Front (ft.) 20 20 20 20 15 15 (A), (B)
Side/street
side (ft.)
15 15 12′6″ 10 6 10% of lot
width, min.
3′, max. 5′
(C), (D), (H)
Rear (ft.) 25 25 10 10 10 10 (H)
Maximum
height of
30 30 30 30 30 30 (E), (H)
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structure
(ft.)
Maximum
lot
coverage
20% 25% 30% 40% 40% 40%
Maximum
upper story
floor size
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75% of
lot
coverage
calculation
(E), (F), (G)
Private
yard area
NR NR NR NR NR NR
Parking * * * * * * * Based on
use. See
14.18.040.,
(H)
(A) Where two (2) or more lots in a block have been improved with buildings, the minimum required shall be the average of improved lots on both sides of the street for the length of the block. For purposes of determining average front setback on developed lots, setback should be measured from the property line to closest wall of any principal structure.
(B) Where there is a driveway perpendicular to the street, any garage built after January 1, 1992, or carport built after January 1, 2006, shall be set back twenty feet (20′). (C) On a reverse corner lot, the rear twenty feet (20′) of the street side yard shall have a fifteen-foot (15′) setback.
(D) In the R7.5, R10 and R20 districts, where two (2) or more lots in a block have been improved with buildings, the minimum required shall be the average of improved lots within the same district on both sides of the street for the length of the block.
(E) In the -EA Combining District, maximum height of seventeen feet (17′) to peak, and one habitable floor. (F) For design criteria for upper-story construction, see Section 14.25.050(F)(6), Upper-Story Additions. (G) For lots less than five thousand (5,000) square feet, the maximum upper story shall be fifty percent (50%) of the maximum lot coverage calculation; for lots five thousand (5,000) square feet or larger, maximum upper story size shall be seventy-five percent (75%) of maximum lot coverage calculation. (H) See Section 14.16.282.C. for property development standard applicable to SB 9 Housing Developments. (I) Parcels created through Chapter 15.155 (Urban Lot Splits) are exempt from these standards.
Diagram for Section 14.04.030
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(Ord. 1838 § 19, 2005; Ord. 1820 § 1, 2004; Ord. 1802 § 3, 2003; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 8, 9, 6-21-2010; Ord. No. 2002 , div. 6, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022)
14.04.040 Property development standards—Duplex residential (DR), medium density residential (MR), high density residential (HR).
NA: Not applicable.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to other site development standards, Chapter 14.23, Variances, Chapter 14.24, Exceptions, for allowable adjustments to these standards, and Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review (including addition of new units or additions of floor area to existing units) and design guidelines and criteria for development.
Table 14.04.040
DR MR5 MR3 MR2.5 MR2 HR1.8 HR1.5 HR1 Additional
Standards
Minimum lot
area (sq. ft.)
5,000/6,000
(corner)
6,000 6,000 6,000 6,000 6,000 6,000 6,000
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Minimum lot
area/dwelling
unit (sq. ft.)
(Max. residential
intensity)
2,500 5,000 3,000 2,500 2,000 1,800 1,500 1,000 (B), (C) Minimum lot
width (ft.)
50/60
(corner lot)
60 60 60 60 60 60 60
Minimum yards
Front (ft.) 15 15 15 15 15 15 15 15 (D), (E)
Side (ft.) 10% of lot
width, min.
3′, max. 5′
10 10 10 10 10%
of lot
width,
min.
3′,
max.
5′
10%
of lot
width,
min.
3′,
max.
5′
10%
of lot
width,
min.
3′,
max.
5′
Street side
(ft.)
10 10 10 10 10 10 10 10 (E), (F), (G)
Side providing
pedestrian
access (ft.)
NA 15 15 15 15 12 12 12 (F), (N)
Rear (ft.) 10 5 5 5 5 5 5 5 (F), (H), (I)
Distance
between res.
structures
No primary
pedestrian
access to
structures (ft.)
NA 15 15 15 15 8 8 8 (N)
Primary
pedestrian
access to
structures (ft.)
NA 20 20 20 20 20 20 20
Maximum
height of
structure (ft.)
30 36 36 36 36 36 36 36 (J), (K)
Maximum lot
coverage
40% 40% 50% 50% 50% 60% 60% 60%
Minimum usable
outdoor area
(common and/or
private)/Dwelling
unit (sq. ft.)
200 200 200 200 200 150 150 100 (L)
Landscaping 50% front
and street
side yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
(M)
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Parking * * * * * * * * * Based on
use. See
Section
14.18.040.
(A) Intentionally not used.
(B) The minimum lot area for a boarding house is five hundred (500) square feet per guest room. (C) A density bonus may be granted, as provided for in Section 14.16.030 (Density bonus). (D) Where two (2) or more lots in a block have been improved with buildings, the minimum required shall be standard, or the average of improved lots on both sides of the street for the length of the block, whichever is less.
(E) Where there is a driveway perpendicular to the street, any garage built after January 1, 1991, shall be set back twenty feet (20′).
(F) Parking and maneuvering areas, excluding access driveways, shall be prohibited in all required yards, per Section 14.18.200 (Location of parking and maneuvering areas) of this title. (G) In the DR and MR district, on a reverse corner lot, the rear twenty feet (20′) of the street side shall have a fifteen-foot setback.
(H) In the MR or HR districts, where development is adjacent to a single-family district, the rear yard setback shall be ten feet (10′).
(I) In order to provide adequate privacy and sunlight, additional separation may be required through design review.
(J) The height limit in the Latham Street neighborhood is specified in the Downtown San Rafael Precise Plan Form-Based Code adopted by separate ordinance.
(K) A height bonus may be granted, as provided for in Section 14.16.190 (Height bonus). (L) Private yard areas shall have a minimum dimension of six feet (6′). In the HR districts, common indoor area suitable for recreational uses may be counted toward the usable outdoor area requirement. (M) Where a driveway is located in a side yard, a minimum of three feet (3′) of buffer landscaping shall be provided between the driveway and side property line. The required rear yard shall be landscaped to provide a buffer.
(N) Setback distances apply to areas that provide a primary pedestrian access only. (Ord. 1838 § 20, 2005; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 10, 11, 6-21-2010; Ord. No. 1990 , div. 1.1, 3-1-2021; Ord. No. 1996 , div. 2(Exh. A, 4.1), 8-16-2021)
Chapter 14.05 COMMERCIAL AND OFFICE DISTRICTS
14.05.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the commercial and office districts include the following:
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A. To promote specialized commercial environments which provide appropriately located areas for retail, service and office development, and provide the city with a wide range of neighborhood, local and regional serving uses;
B. To promote appropriately located businesses which provide local employment opportunities and/or generate tax revenue for the city;
C. To promote commercial and office projects at appropriate building intensities and trip-generation characteristics which will maintain acceptable traffic-operating standards; D. To promote high-quality design in new or remodeled commercial and office development consistent with design guidelines;
E. To promote and encourage commercial and office sites and designs which are accessible by a variety of transportation means;
F. To promote San Rafael's downtown area as a viable commercial and financial center, and as an urban center with a mixture of civic, social, entertainment, cultural and residential uses; G. To retain and enhance the Northgate Shopping Center and surrounding retail area as a regional shopping center;
H. To provide housing opportunities by encouraging a variety of housing in mixed-use districts.
The additional purposes of each commercial district follow.
I. General Commercial District (GC). The general commercial district promotes a full range of retail and service uses in major shopping centers and certain areas of the city which have freeway or major street access and visibility. Residential use is allowed with a use permit. Offices are a conditional secondary use, for example, on portions of sites with poor retail visibility. Floor area ratio (FAR), trip allocation and design criteria vary throughout the district in response to specialized conditions recognized in the general plan.
J. Neighborhood Commercial District (NC).
1. The neighborhood commercial district provides convenient shopping areas within residential neighborhoods for retail items and personal services which may be needed on a frequent basis for vicinity residents. Examples of convenience goods or services include supermarkets, pharmacies, dry cleaners and personal service establishments. Within this district, a limited amount of office and residential use may be allowed, only if in mixed-use developments. Office uses shall provide a service convenience to local residents. Neighborhood commercial areas are intended to reduce trips to more distant major commercial areas.
2. Neighborhood commercial retail uses are limited in order to ensure compatibility with residential neighborhoods and to concentrate region-serving goods and services in locations outside of neighborhoods and in proximity with one another.
3. Neighborhood commercial development is intended to be compatible with the surrounding residential neighborhood in terms of building height (typically one to two (2) stories, with up to three stories for a retail/residential mixed-use building), setbacks and landscaping.
K. Office District (O). The office district provides opportunities for the siting of a variety of administrative, professional, medical and general business offices. This district also allows residential use, and limited convenience retail and service uses to support office uses and serve local employees. The office district is intended to provide an attractive, landscaped environment with outdoor amenities such as courtyards, plazas, benches, seating areas and pedestrian/bicycle paths. FAR, trip allocation and design criteria vary throughout the district in response to localized conditions recognized in the general plan. 4891-1508-9091 v1
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L. Downtown Mixed Use (DMU) District. The downtown mixed use district encompasses the 265-acre downtown area, which is the commerce and employment center of the city. Allowable uses, design intent, and development standards and regulations are defined and specified in the Downtown San Rafael Precise Plan and form-base code which is adopted by separate ordinance and incorporated herein by reference.
M. Commercial/Office District (C/O). The commercial/office district promotes retail, office, mixed retail/office/residential uses, and cultural facilities. The commercial/office district is different from the downtown zoning districts in that it provides greater opportunity for office and financial uses in firstfloor locations. Residential units are promoted to provide evening and weekend activity, increase the city's supply of housing units and support downtown activities and uses.
N. Residential/Office Districts (R/O).
1. The residential/office district is a transitional area between the downtown zoning districts and nearby residential areas. This district promotes residential, office, and mixed-use residential/office projects. This district also provides limited retail and personal service uses which support residential and office uses, and which are compatible with such uses. Gasoline service stations are allowed along major arterials such as Second Street.
2. This district is characterized by lower development intensity than in the downtown zoning districts. The residential/office district is also intended to be less intense in terms of evening and weekend activity than the downtown zoning districts.
O. Francisco Boulevard West Commercial District (FBWC).
1. The Francisco Boulevard West commercial district provides a wide range of specialty retail uses with regional appeal, including sales of automobiles, bulk retail items, building materials and other region-serving goods. The Francisco Boulevard West district is intended to accommodate large-scale developments and shopping centers with specialty retail tenants. Assemblage of parcels shall be encouraged in this district in order to promote larger scale development projects.
Residential use is also allowed in this district.
2. This area is expected to be the focus of major redevelopment in the future. Until redevelopment occurs, it is recognized that there will be many nonconforming uses within the Francisco Boulevard West commercial district, and it is intended that existing legal nonconforming uses may remain as viable interim uses. Section 14.16.270, Nonconforming structures and uses, contains general provisions on nonconforming uses which apply in these instances. However, these types of interim uses are not permitted on any additional sites within the Francisco Boulevard West district.
(Ord. 1831 § 1 (part), 2004; Ord. 1757 § 1, 2000; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). ( Ord. No. 1996 , div. 2(Exh. A, 5.1), 8-16-2021)
14.05.020 Land use regulations (GC, NC, O, C/O, R/O, FBWC).
A. Francisco Boulevard West Commercial District (FBWC): Land use regulations for new development and/or redevelopment.
1. New development and redevelopment within the Francisco Boulevard West commercial district shall be subject to initial use permit review by the planning 4891-1508-9091 v1
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commission. Master use permits shall be required for multi-tenant shopping center developments, specifying the types of uses which may go into the center, approving an initial roster of tenants, and identifying procedures for subsequent review and approval of future tenants when changes in occupancy occur.
2. Prerequisites for initiating the use permit review process are as follows:
a. The proposed use is listed on the commercial matrix as requiring a conditional use permit and meets the review criteria specified in subsection (A)(3) of this section; b. In the event the proposed use is not listed on the commercial matrix as requiring a conditional use permit, but the proposed use meets the review criteria specified below, application for determination may be made to the planning commission. The planning commission shall determine whether the proposed use is consistent with the specified review criteria for the Francisco Boulevard West commercial district.
3. Review criteria for evaluating proposed uses in new development and redevelopment projects in the Francisco Boulevard West commercial district are listed below. In order to initiate the use permit process as indicated in either subsection (A)(2)(a) or (A)(2)(b) of this section, the proposed project must meet one (1) or more of the following criteria:
a. Generates high tax revenue;
b. Constitutes a large-scale business;
c. Constitutes a multi-tenant center with shops which provide related services or types of goods; and/or
d. Has a regional market base.
P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A:
Administrative use permit; Blank: Not allowed.
Table 14.05.020
Type of Land Use GC NC O C/O R/O FBWC* Additional Use
Regulations
Commercial Uses
Animal sales and service, excluding
exterior kennels, pens or runs
See Chapter 10.24
Animal care facilities CZ CZ CZ CZ See Chapter 14.17
standards.
Animal retail sales P P P
Boat sales CZ CZ
Building materials and supplies
Brick, gravel, rock, concrete,
lumber and tile sales
P* P* C *See Outdoor storage.
Electrical supply stores P* P* C
Equipment rental business P* P* C
Glass and window stores P* P* C
Hardware stores P* P* P* P* C
Paint stores P* P* C
Plumbing stores (and ancillary
service)
P* P* C
Business sales and service
Blueprint and photocopy shops P P P P
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Computer services P P P P
Locksmith shop P P P P
Office furniture sales and rentals P P P P C
Office supply and business
machine shops
P P P P C
Printing shops P P P CZ
Cannabis Related Uses
Cannabis Testing/lab P (2) P (2) *Subject to additional regulations and
permitting (See SRMC
Chapter 10.96)
Cannabis Delivery P (2) P (2) *Subject to additional
regulations and
permitting (See SRMC
Chapter 10.96)
Cannabis Manufacturing
Cannabis Distribution
Card rooms See Chapter 10.36
Coffee roasters CZ CZ
Food and beverage service
establishments
Brew pubs CZ CZ CZ
Catering establishments P CZ P
Cocktail lounges C C
Fast food restaurants C C C
Food service establishment, high
volume
C C
Food service establishment (with
or without incidental serving of
beer or wine or ancillary bar), but
without a cocktail lounge, live
entertainment as defined under
Chapter 14.03, and/or dancing
(1) 1,000 sq. ft. or less in size P P P P P C
(2) More than 1,000 sq. ft. in size P CZ CZ P CZ CZ
Food service establishment with a
cocktail lounge, live entertainment,
and/or dancing
CZ CZ CZ CZ
Live entertainment/dancing
(without food service)
C C C
Outdoor eating areas A* A* A* A* A* A* For outdoor eating areas on private
property see Section
14.17.110 standards.
For outdoor seating
areas located on city
sidewalks, see Section
14.16.277 standards.
For outdoor eating
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areas on parking
spaces within the
public right-of-way,
see Chapter 11.70—
"Streetaries" Outdoor
Eating Areas.
Food and beverage stores
Bakeries, retail (and ancillary food
service)
P P P P P C
Candy stores and confectioneries P P P
Convenience markets CZ CZ CZ CZ
Grocery stores and supermarkets P* P* P* C C *Operating between 11 p.m. and 6 a.m.
requires a use permit
(CZ) to review lighting,
noise, and
compatibility with
surrounding
residential uses.
Liquor stores
(1) Less than 200 ft. from
residential district
CZ CZ CZ CZ CZ
(2) 200 ft. or more from residential
district
P P P C C
Fortunetelling A A See Chapter 14.17
standards. *Rear
ground level or 2nd
floor or above.
Funeral interment services (including
mortuaries, but excluding
crematories)
CZ CZ
Kiosks A A A A A See Section 14.16.225
standards
Motor vehicle sales and service
(including automobiles, motorcycles,
trailers, trucks and recreational
vehicles)
Auto detailing CZ
Coin-op washing C C C C
Gasoline stations (including minimarkets, and minor repair, such as tune-ups, brakes, batteries, tires,
and mufflers)
C C C C C C See Section 14.16.160
regulations. For
repair, see Chapter
14.17 standards.
Rentals CZ CZ CZ
Repairs, major (engine work,
painting, and body work)
CZ See Chapter 14.17
standards.
Repairs, minor (tune-ups, brakes,
batteries, tires, mufflers and
upholstery)
CZ CZ CZ CZ C See Chapter 14.17
standards.
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Sales, new or used vehicles
(1) Five or fewer vehicles displayed
or stored on-site
CZ CZ CZ
(2) More than five vehicles
displayed or stored on-site
C C C
Sales, parts and supplies P P C
Sales, tires and ancillary service CZ CZ CZ
Music rehearsal/recording studios CZ CZ
Outdoor storage, including temporary
or permanent storage containers
CZ CZ CZ CZ C
Personal service establishments
Artistic and photographic studios,
without sale of equipment or
supplies
P P P
Barber shops/beauty salons P P P P P C
Dry cleaning establishments, with
no on-site processing
P P P P P
Dry cleaning establishments, with
on-site processing
CZ CZ CZ CZ CZ
Laundromats (self service) P P P P
Massage and/or bodywork offices
or establishments
P P P P P See Chapter 8.34
Nail salons P P P P P
Seamstress/tailor P P P P P
Shoe repair P P P P P
Recreational facilities (indoors)
Bowling alleys C C C See Chapter 10.32
Game arcades C C See Chapter 14.17
standards.
Fitness/recreation facility CZ CZ CZ CZ CZ
Poolhalls/billiards C C C
Theaters C C C C
Retail
Antique stores P P C
Apparel stores P P C
Appliance stores (and ancillary
repair)
P P C
Art, craft, music and photographic
supply stores
P P P C
Auctions P P See Chapter 10.16
Bicycle shops P P P C
Book, gift, stationery stores P P P C
Department stores P P C
Discount stores P P C
Drug stores and pharmacies P* P* P* C C *Operating between 11 p.m. and 6 a.m.
requires a use permit
(CZ) to review lighting,
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noise, and
compatibility with
surrounding
residential uses.
Electronics sales (televisions,
radios, computers, etc.)
P P C
Florist shops P P P P P
Furniture stores and upholstery
shops (and ancillary repair)
P P C
Gun shops C C See Chapter 14.17
standards.
Jewelry stores P P
Plant nurseries and garden supply P* P* P* C *See Outdoor storage.
Secondhand stores and pawnshops CZ CZ See Chapter 10.20 Shoe stores P P C
Shopping centers C C C C
Sporting goods stores P P C
Stamp and coin shops P P
Swimming pool supplies P P
Tobacco retailer, significant C C C Shall not be located within 1,000 feet from
schools (public and
private elementary,
junior high, and high
schools), public parks,
public libraries,
arcades, youth/teen
centers,
community/recreation
centers, licensed day
care centers for
children, shopping
malls, and houses of
worship with
organized youth
programs, as
measured from the
property lines of each
parcel.
Toy stores P P P C
Variety stores P P C
Video sales and rentals P P P
Offices and Related Uses
Financial services and institutions P P P P P P
Medical services (medical, dental and
health-related services, with sale of
articles clearly incidental to the
services provided)
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Clinics C C C C** C **4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
Hospitals C
Major medical facilities, including
extended care facilities (treatment
and convalescent) and children's
treatment facilities
C C
Laboratories CZ CZ CZ CZ** CZ **4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
Medical offices CZ CZ P P* P *4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
Offices, general CZ P* P P** P *Rear ground level or
2nd floor or above.
**4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
Public, Quasi-Public and Community
Uses
Clubs and lodges, including youth
groups
C C C
Community gardens P P P P P P Subject to
performance
standards outlined in
Chapter 14.17.
Public facilities
Administrative offices C P P* P *Rear ground level or
2nd floor or above.
Day services center C C C C C
Job center C
Libraries, museums and other
cultural facilities
C C C C C
Public and utility facilities
(corporation, maintenance or
storage yards, utility distribution
facilities, etc.)
C
Public facilities, other (police, fire,
paramedic, post office, etc.)
C C C C C C
Public parks, playgrounds, and
recreation facilities
P P P P P
Religious institutions C C C C C
Schools
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Parochial, private C C C* C *Rear ground level or
2nd floor or above.
Public P P P P P
Specialized education and training CZ CZ CZ CZ
Residential Uses * * * *See Chapter 14.17
standards.
Single-family residential C C
Duplex residential C
Multifamily residential A(3) A(3) P A(3) P A(3)
Accessory dwelling units P P P P P P See standards, Section
14.16.285
Junior accessory dwelling units P P P P P P See standards, Section
14.16.285
Animal keeping CZ CZ CZ CZ CZ CZ See Chapter 14.17
standards.
Caretaker's residence CZ CZ CZ CZ CZ C
Emergency shelters for the homeless
Permanent P/C C C See Section 14.16.115.
Temporary or rotating C C C C C C
Home occupations P P P P P P See Chapter 14.16
regulations.
Live/work quarters A A A A A A See Chapter 14.17
standards.
Mobile home park C
Residential care facilities for the
handicapped
Small (0—6 residents) P P P P P P
Large (7 or more residents) P P P P P P
Residential care facilities, other
Small (0—6 residents) P P P P P P
Large (7 or more residents) C C C C C C
Rooming or boarding houses A C A A A A See Chapter 14.17 standards.
Day Care
Day care facility, child or adult
Family day care
Small (0—8 children or adults) P P P
Large (9—14 children) CZ CZ A See Chapter 14.17
standards.
Large (9—14 adults) CZ CZ CZ
Day care center (15 or more children
or adults)
CZ CZ CZ CZ CZ C
Visitor Accommodations
Hotels, motels, or bed and breakfast
inns
C C C C
Transportation Facilities
Bus stations C C C
"Park and ride" facilities CZ CZ CZ C
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Parking facilities, commercial or
municipal
CZ CZ CZ CZ C
Taxi stations C C C
Transit stations or transitways C C C See Chapter 10.60 Temporary Uses
Temporary uses A A A A CZ A See Chapter 14.17
standards.
Accessory Structures and Uses
Accessory structures and uses
customarily incidental to a permitted
use and contained on the same site
P P P P P P See Chapter 14.16
regulations.
(1) Reserved.
(2) Shall not be located within six hundred feet (600′) from schools (public and private), as measured from the property lines of each parcel.
(3) See Section 14.17.100 (Residential uses in commercial districts). (Ord. 1838 § 21, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 1, 2004; Ord. 1797 § 3, 2003; Ord. 1765 § 1 (part) (Exh. B (part)), 2001; Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1693 § 1, 1996; Ord. 1689 § 1, 1995; Ord. 1663 § 1 (part), 1994; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 12, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1924, § 1, 9-15-2014 ; Ord.
No. 1955 , (Exh. A, §§ 3, 4), 3-19-2018; Ord. No. 1964 , § 2(Exh. B) §§ 3, 4, 11-19-2018; Ord. No. 1996 , div. 2(Exh. C,
2.1), 8-16-2021; Ord. No. 2002 , div. 7, 12-6-2021; Ord. No. 2015 , § 2, 9-6-2022; Ord. No. 2016 , § 3, 10-3-2022)
14.05.022 Land use regulations (DMU).
All land use regulations applicable to the DMU district are contained within the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference. (Ord. 1838 § 22, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 2, 2004; Ord. 1797 § 4, 2003; Ord. 1765 § 1 (Exh. B (part)), 2001; Ord. 1763 § 1 (part), 2001; Ord. 1757 § 2 (Exh. Z-1), 2000: Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999; Ord. 1725 § 1 (Exh. A), 1998; Ord. 1694 § 1 (Exh. A) (part), 1996). (Ord. No. 1882, Exh. A, § 13, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1924 , § 1, 9-15-2014; Ord.
No. 1996 , div. 2(Exh. A, 5.2), 8-16-2021; Ord. No. 2002 , div. 8, 12-6-2021)
14.05.030 Property development standards (GC, NC, O, C/O, R/O, FBWC).
NR: Not required unless otherwise noted in additional standards. NA: Not applicable.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio, and site development standards. See Chapter 14.23, Variances, and Chapter 14.24, Exceptions, for allowable adjustments to these standards, and Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review and design guidelines and criteria for development.
Table 14.05.030
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GC NC O C/O R/O FBWC Additional
Standards
Minimum lot
area (sq. ft.)
6,000 6,000 7,500 2,000/
building
6,000 6,000
Minimum lot
area/dwelling
unit (sf) (Max.
residential
intensity)
1,000 1,800 1,000 1,000 1,000 1,000 (A), (O)
Floor area ratio
(Max.
nonresidential
intensity)
* * * * * * * See Section
14.16.150
Minimum lot
width (ft.)
60 60 60 NR 60 60
Minimum
yards:
Front (ft.) NR NR 20 NR NR NR (B)
Side (ft.) NR NR 6 NR NR NR (B)
Street side
(ft.)
NR NR 10 NR NR NR (B)
Rear (ft.) NR NR 20 NR NR NR (B)
Maximum
height of
structure (ft.)
36 36 feet;
30 feet for
a
residentialonly
building
36 36 36 36 (C), (D), (E), (F),
(G), (H)
Maximum lot
coverage
NR NR 40% NR NR NR (P)
Minimum
landscaping
15% 10% 25% NR 10% 15% (I), (J), (K), (L)
Usable outdoor
area
NR NR NR NR NR NR (M)
Parking * * * * * * * Based on use.
See Section
14.18.040
(A) There is no minimum lot area requirement for a boarding house. (B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required for that R district, and when the side and/or rear of the lot(s) abuts an R district, the respective side 4891-1508-9091 v1
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and/or rear yard shall be ten feet (10′). Parking or maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot (6′) wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. (C) Exceptions may be granted for a height above thirty-six feet (36′), subject to the provisions of Chapter
14.24, Exceptions.
(D) Hotels have a four (4) story fifty-four-foot (54′) height limit. A one-story twelve-foot (12′) height bonus may be approved as part of a design review permit by the planning commission if it finds that the hotel will provide a significant community benefit, and the design is consistent with this title. (E) Repealed 3/18/96.
(F) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories.
(G) See general plan downtown height map for lot-specific height limits. (H) A height bonus may be permitted in residential development as provided for in Section 14.16.190, Height bonus.
(I) Where the frontage of the lot(s) is adjacent to or across from an R district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts an R district, a minimum three feet (3′) of buffer landscaping must be provided. Where the rear of the lot abuts an R district, ten feet (10′) of buffer landscaping must be provided.
(J) In the GC district, a minimum fifteen feet (15′) of the front setback must be landscaped. Landscaped portions of the public right-of-way may be included, subject to approval by the hearing body. (K) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (L) A landscaped amenity area for employees and the public is encouraged in office and commercial projects.
(M) Provision of usable outdoor area is encouraged in residential development as part of a mixed-use project.
(N) Intentionally not used.
(O) A density bonus may be granted, as provided for in Section 14.16.030. (P) The maximum lot coverage restriction established for the office (O) district shall not apply to solar panels installed over existing paved parking spaces; consistent with Section 14.16.307. (Ord. 1838 § 23, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1782 Exh. A (part), 2002; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 14, 15, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 5, 11-19-2018; Ord. No. 1990 , div. 1.2, 3-1-2021)
14.05.032 Property development standards (DMU).
All property development standards applicable to the DMU district are contained within the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference.
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(Ord. No. 1882, Exh. A, §§ 16, 17, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 5.3), 8-16-2021) Chapter 14.06 INDUSTRIAL DISTRICTS (I, LI/O, CCI/O, LMU)
14.06.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the industrial districts include the following:
A. To provide appropriately located areas for a range of light and heavy industrial uses, including the building trades and automotive service industries, which serve area residents and businesses; B. To preserve and expand the contribution of industrial, building trades and auto service uses to the overall economic base and employment opportunities of the city; C. To provide a suitable environment for industrial uses and minimize potential land use conflicts by limiting nonindustrial uses within the industrial districts; D. To minimize the impacts of industrial uses on adjacent nonindustrial districts; E. To upgrade appearance and parking conditions to a reasonable extent while maintaining the vitality of the industrial districts;
F. To promote industrial development at appropriate building intensities and trip-generation characteristics which will maintain acceptable traffic operating standards.
The additional purposes of each industrial district follow.
G. Industrial District (I). The industrial district provides opportunities for a full range of heavy and light industrial uses, including the building trades and automotive service industry. The industrial district protects general industrial uses from disruption and competition for space from unrelated retail, commercial and office uses that could be more appropriately located elsewhere in the city. However, ancillary office, small office and certain retail and service uses are allowed for the convenience of area businesses and employees.
H. Light Industrial/Office District (LI/O). The light industrial/office district provides landscaped settings for light industrial uses, research and development facilities, warehousing, wholesale distributing and office uses. Incidental employee-serving retail and service uses are encouraged. Specialty retail uses consistent with light industrial or office uses, region-serving specialty retail and retail uses supportive of and related to industrial uses may be permitted provided the proposed use is consistent with floor area ratio (FAR) and trip allocation standards. FAR requirements, trip allocation standards and design criteria vary throughout the district in response to specialized conditions recognized in the general plan.
I. Core Canal Industrial/Office District (CCI/O).
1. The core canal industrial/office district provides sites for light industrial, automotive service and small-scale office uses. Specialty retail uses consistent with industrial uses may be allowed provided the proposed use complies with FAR requirements and trip allocation standards.
Because this area suffers from severe parking congestion, and typically has small lot sizes and narrow street widths, high trip-generating uses such as general retail, personal service or food service establishments are restricted in this district. These types of uses are more appropriately located in nearby commercial districts.
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2. Within the core canal industrial/office district, new development and building remodels shall achieve upgraded design and reduce any adverse circulation and parking impacts. Fringe sites and buildings shall also provide an appropriate transition to adjacent residential and commercial districts.
J. Lindaro Mixed-Use District (LMU). The Lindaro mixed-use district provides sites for a mix of industrial and light industrial uses. To facilitate the transition of this district to a more compatible use with the adjacent school, to encourage the development of a more attractive entryway to the neighborhoods to the south, and to help meet the housing needs of artists and other professionals who want to combine their work and residence, allow live/work uses in addition to the existing industrial and light industrial uses.
(Ord. 1831 § 1 (part), 2004; Ord. 1625 § 1 (part), 1992).
14.06.020 Land use regulations (I, LI/O, CCI/O, LMU).
P: Permitted; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A: Administrative use permit; Blank: Not allowed.
Table 14.06.020
Types of Land Use I LI/O CCI/O LMU Additional Use Regulations Industrial Uses
Boat building and repair C
Industry, general
Asphalt mix plants C
Assembly plants P P P P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Biotechnology firms C C C C
Cabinet shops P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Candle-making shop P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Ceramic shop P P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Chemical manufacture or processing C
Clothing manufacturing P P P P
Concrete mix plants C
Contractor's yards (screened) P CZ CZ CZ
Dry boat storage C C C
Dry cleaning plants P P P P* *Permitted by right unless within 300 feet of a residential district, in
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which case it is "CZ," subject to a
use permit.
Electronics industry CZ CZ C C
Food manufacture or processing P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Fuel yards C
Furniture manufacturing P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Furniture refinishing or repair P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Laboratories CZ CZ CZ CZ
Machine shops P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Metal fabrication, forging or welding
shops
CZ C C C
Packaging plants P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Pharmaceutical manufacturing C C C C
Planing mills C C
Printing shops P P P P
Research and development facilities C
Research and development industry CZ CZ C
Research and development services P P P
Rock, sand or gravel plants (crushing,
screening and stockpiling)
C
Mini-storage P P P P See Section 14.16.150(G)(4) for
FAR exception. For lots facing
Highway 101 or 580 or the Bay,
mini-storage use must be located
behind an active street front or bay
front use.
Moving companies P CZ C C
Storage, warehousing and distribution P P P P See Outdoor storage.
Trucking yards and terminals C
Waste Management
Hazardous waste transfer, storage,
treatment and recycling
C See hazardous waste management
plan standards.
Resource recovery and recycling CZ
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Solid waste management (collection,
disposal)
C See Chapter 10.72
Transfer stations C
Wholesale and distribution P P P P
Offices and Related Uses
Financial services and institutions CZ CZ
Medical services (medical, dental and
health-related services, with sale of
articles clearly incidental to the
services provided)
Clinics C C
Laboratories C C C C
Offices, medical C C C* *Max. of 5,000 sq. ft. or less.
Offices, general C* C** C C* *5,000 sq. ft. or less. **See Section
14.16.150(B)(2).
Commercial Uses
Animal care facilities (with or without
exterior kennels, pens or runs)
CZ CZ CZ CZ* See Chapter 14.17 standards.
*Without exterior kennels, pens or
runs (See Chapter 10.24).
Building materials and supplies
Brick, gravel, rock, concrete, lumber,
tile sales
P* P* P* P* *See Outdoor storage.
Electrical supply stores P* P* P* P* *See Outdoor storage.
Equipment rental business P* P* P* P* *See Outdoor storage.
Glass and window stores P* P* P* P* *See Outdoor storage.
Hardware stores P* P* P* P* *See Outdoor storage.
Paint stores P* P* P* P* *See Outdoor storage.
Plumbing supply stores (and ancillary
service)
P* P* P* P* *See Outdoor storage.
Business sales and service
Blueprint and photocopy shops P P P P
Computer services P P P
Locksmith shop P P P P
Office furniture sales and rentals P P P
Office supply and business machine
shops
P P P
Printing shops P P P P
Cannabis Related Uses
Cannabis Testing/lab P (1) P (1) P (1) *Subject to additional regulations and permitting (See SRMC Chapter
10.96)
Cannabis Delivery P(1) P(1) P(1) *Subject to additional regulations and permitting (See SRMC Chapter
10.96 Cannabis Manufacturing P(1) P(1) P(1) *Subject to additional regulations and permitting (See SRMC Chapter
10.96)
Cannabis Distribution P(1) P(1) P(1)
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Card rooms C See Chapter 10.36
Coffee roasters P P P C
Food and beverage establishments
Brew pubs CZ CZ CZ
Catering P P P P
Cocktail lounges (without food
service)
C
Fast food restaurants C C
Food service establishment, high
volume
C C
Food service establishment (with or
without incidental service of beer or
wine or ancillary bar), but without a
cocktail lounge, live entertainment as
defined under Chapter 14.03, and/or
dancing
(1) 1,000 sq. ft. or less in size CZ CZ CZ CZ
(2) More than 1,000 sq. ft. in size CZ CZ
Food service establishment, with a
cocktail lounge, live entertainment
and/or dancing
C
Live entertainment and/or dancing
(without food service)
C
Outdoor eating areas A A A A For outdoor eating areas on private property, see Section 14.17.110
standards. For outdoor seating
areas located on city sidewalks, see
Section 14.16.277 standards. For
outdoor seating areas on parking
spaces within the public right-ofway, see Chapter 11.70— "Streetaries" Outdoor Eating Areas.
Food and beverage stores
Bakeries (with ancillary food service
1,000 sq. ft. or less in size)
(1) Retail P P
(2) Wholesale P P P P
Funeral interment services
Mortuaries P P P
Crematories C Must be located at least 650 ft.
from any residential zoning district
and/or schools, including private,
parochial, public, nursery,
preschool and child day care
facilities; Crematory stack and
delivery entrance may not be
visible from public streets.
Maintenance and repair services
Appliance repair P* P* P* P* *See Outdoor storage.
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Building maintenance services P* P* P* P* *See Outdoor storage.
Furniture upholstery P* P* P* P* *See Outdoor storage.
General contractors P* P* P* P* *See Outdoor storage.
Motor vehicle sales and service
(including automobiles, motorcycles,
trailers, trucks and recreational
vehicles)
Auto detailing P CZ CZ C
Coin-op washing C C C C
Gasoline stations (including minimarkets, and minor repair, such as tune-ups, brakes, batteries, tires and
mufflers)
C C C See Chapter 14.16 regulations. For
repair, see Chapter 14.17
standards.
Rentals CZ CZ CZ CZ See Chapter 10.84
Repairs, major (engine work,
painting, body work)
A A A CZ See Chapter 14.17 standards.
Repairs, minor (tune-ups, brakes,
batteries, tires, mufflers, upholstery)
A A A CZ See Chapter 14.17 standards.
Sales, new or used vehicles C/CZ* C/CZ* C/CZ* C/CZ* *For sales of five or fewer cars.
Sales, parts and supplies P P P P
Towing businesses C C C C
Wrecking yards C See Chapter 10.52
Kiosks A See Section 14.16.225
Music rehearsal/recording studios P CZ CZ CZ
Outdoor storage CZ CZ CZ CZ
Personal service establishments
Artistic and photographic studios,
without sale of equipment or supplies
P P P
Barber shops/beauty salons P P P
Dry cleaning establishments with or
without on-site processing facilities
P P P P
Laundromat (self service) P P P
Nail salon P P P
Seamstress/tailor P P P
Shoe repair P P P
Recreational facilities (indoors)
Bowling alleys CZ CZ CZ
Fitness/recreation facility CZ CZ CZ
Retail
Drug stores and pharmacies C
Florist C
Specialty retail, region-serving C
Public, Quasi-Public and Community
Uses
Clubs and lodges, including youth
groups
C C C
Community gardens P P P P Subject to performance standards outlined in Chapter 14.17.
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Public facilities
Administrative offices C* P P P *5,000 sq. ft. or less.
Day services center C C C
Job center C C C
Public and utility facilities
(corporation, maintenance or storage
yards, utility distribution facilities,
etc.)
C C C C
Public facilities, other (police, fire,
paramedics, post office, etc.)
P P P P
Public parks, playgrounds and
recreation facilities
C
Religious institutions C C C
Schools
Parochial, private C C
Public P P
Specialized education and training CZ CZ CZ
Residential, Day Care and Visitor
Accommodation Uses
Live/work quarters A See Section 14.17.100(C)(9)
(Live/work quarters).
Caretaker's residence CZ CZ CZ CZ
Day care centers CZ CZ CZ CZ
Emergency shelters for the homeless
Permanent C P/C C C See Section 14.16.115
Rotating or temporary C C C C
Hotels or motels C C
Transportation facilities
Bus stations C C C
Heliport C
"Park and ride" facilities CZ CZ CZ
Parking facilities, commercial or public CZ CZ CZ
Taxi stations C C C See Chapter 10.60
Transit stations or transitways C C C
Temporary Uses
Temporary uses A A A A See Chapter 14.17 standards.
Accessory Structures and Uses
Accessory structures and uses
customarily incidental and contained
on the same site
P P P P See Chapter 14.16 regulations.
(1) Shall not be located within three hundred (300) feet from schools (public and private), as measured from the property lines of each parcel.
(Ord. 1838 § 25, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 3, 2004; Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992).
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(Ord. No. 1882, Exh. A, § 19, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1955 , (Exh. A, §§ 5, 6), 3- 19-2018; Ord. No. 1964 , § 2(Exh. B) §§ 6, 7, 11-19-2018; Ord. No. 1996 , div. 2(Exh. C, 3.1), 8-6-2021; Ord. No. 2015 , § 3, 9-6-2022; Ord. No. 2016 , § 4, 10-3-2022)
14.06.030 Property development standards (I, LI/O, CCI/O, LMU).
NR: Not required, unless otherwise noted in Additional Standards.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site development standards. See Chapter 14.23, (Variances) and Chapter 14.24 (Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and design review permits) for a listing of improvements subject to review and design guidelines and criteria for development.
Table 14.06.030
I LI/O CCI/O LMU Additional Standards
Minimum lot area (sq. ft.) 6,000 6,000 6,000 6,000
Minimum lot width (ft.) 60 60 60 60
Floor area ratio (Max. non-residential
intensity)
* * * * * See Section 14.16.150
Minimum yards:
Front (ft.) NR 20 NR NR (A)
Side (ft.) NR 10 or
20/0
NR NR (A), (B)
Rear (ft.) NR 10 NR NR (A), (B)
Maximum height of structure (ft.) 36 36 36 36 (C)
Maximum lot coverage NR NR NR NR
Minimum landscaping 10% 20% 10% 10% (D), (E), (F), (G), (H), (I) Parking * * * * * Based on use. See
Section 14.18.040
(A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear shall be ten feet (10′). (B) Parking and maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines.
(C) Buildings existing or approved as of January 1, 1987, which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories.
(D) In the LI/O and CCI/O districts, street trees shall be included in landscaping plans for development fronting Harbor Street, Medway Road, and Bellam Blvd.; in the LMU district, for development facing Lindaro Street, and in the I district, for development fronting Woodland Avenue, Irwin Street, Lincoln Avenue, Andersen Drive and DuBois Street.
(E) Where the frontage of the lot(s) is adjacent to or across from a residential district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three feet (3′) of buffer landscaping must be provided. Where the rear of the lot abuts a residential district, ten feet (10′) of buffer landscaping must be provided.
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(F) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (G) Landscaping is encouraged along entryways to neighborhoods, including Irwin Street, Harbor Street, Medway Road, Bellam Boulevard, Lindaro Street and Woodland Avenue. (H) Exception may be granted for required minimum landscaping standards, subject to the provisions of Chapter 14.24, Exceptions.
(I) In the LI/O district, a minimum twenty feet (20′) of the front setback must be landscaped. (Ord. 1831 § 1 (part), 2004; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 20, 21, 6-21-2010)
Chapter 14.07 PLANNED DEVELOPMENT DISTRICT (PD)
14.07.010 Specific purposes.
The specific purposes of the planned development (PD) district are to:
A. Promote and encourage cluster development on large sites to avoid sensitive areas of property; B. Encourage innovative design on large sites by allowing flexibility in property development standards; C. Encourage the establishment of open areas in land development; D. Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods;
E. Establish a procedure for the development of large lots of land in order to reduce or eliminate the rigidity, delays and conflicts that otherwise would result from application of zoning standards and procedures designed primarily for small lots;
F. Accommodate various types of large-scale, complex, mixed-use, phased developments; G. Enable affected governmental bodies to receive information and provide an integrated response to both the immediate and long-range impacts of such proposed developments. (Ord. 1625 § 1 (part), 1992).
14.07.020 Land use regulations.
A. No use other than an existing use or a temporary use approved pursuant to section D, below, shall be permitted in a PD district except in accord with a valid development plan. Any permitted or conditional use authorized by this title may be included in an approved development plan, consistent with the general plan land use designation(s) and intensities for land within the PD district. The PD zoning approval shall establish the range of allowable land uses for the development.
B. A master use permit or individual use permits may be required to establish specific uses on the property consistent with general plan land uses and parking standards. A master use permit shall be required for nonresidential, phased and/or multi-tenant development.
C. A development plan is not required for existing school sites located in the PD district. A use permit shall be required for any nonpublic school uses of the site, or for reuse of any existing school facilities, per Section 4891-1508-9091 v1
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14.09.020, land use regulations (P/QP). A development plan shall be required when such property redevelops.
D. Temporary uses may be permitted within a PD district, with or without an approved or valid development plan. The performance standards and provisions of Section 14.17.130 of this Title shall apply to temporary uses, and shall be administered through a use permit (zoning administrator). (Ord. 1838 § 26, 2005; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 22, 6-21-2010)
14.07.030 Property development regulations.
A. Minimum Area. The minimum net area of a PD district shall be 2.5 acres, provided that a PD district may be subdivided in accord with a valid PD plan; exceptions to this provision are lots over 0.5 acres in size where developed to provide affordable housing and hillside residential lots over one acre in size where unusual site characteristics exist.
B. Residential Unit Density. The total number of dwelling units in a PD plan shall not exceed the maximum number permitted by the general plan density for the total site area. Density bonuses for senior housing development and affordable housing development may be considered consistent with general plan policies and state law.
C. Nonresidential Intensity. Nonresidential development shall not exceed floor area ratios, as specified in the general plan, except in the downtown where a one-time ten percent (10%) bonus may apply for business expansion.
D. Building Height Limits. Building heights shall be consistent with height standards contained in the general plan.
E. Other Development Regulations. Other development regulations shall be as prescribed by the development plan.
(Ord. 1838 § 27, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1625 § 1 (part), 1992).
14.07.035 Established PD district containing no development standards or regulations.
When an established PD district does not contain or include site-specific regulations or spatial standards necessary to guide and approve building additions, modifications or property improvements, the following shall apply:
A. For proposed additions and modifications to principal structures and primary uses, the community development director shall determine, based on development characteristics, use and density, and the contiguous zoning districts, a zoning district adopted within this title that is most compatible to the PD district. The regulations and spatial standards of the most compatible zoning district shall be applied, subject to the approval of an environmental and design review permit.
B. For accessory structures, fences and other ancillary improvements, the regulations of Chapter 14.16 of this Title shall apply.
C. The community development director shall determine if the improvements proposed per A and B above are major or minor. Improvements determined to be major shall require an amendment to the PD zoning per Section 14.07.150 of this chapter. Improvements determined to be minor shall not require an amendment to the PD zoning.
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14.07.040 Authority.
The planning commission shall recommend approval, conditional approval or denial of applications to reclassify property to the PD district and/or applications for development plans to the city council. The city council shall have the authority to approve, conditionally approve or deny rezonings and/or development plan applications.
(Ord. 1625 § 1 (part), 1992).
14.07.050 Application.
A. An application to reclassify property to PD shall be initiated by a property owner or authorized agent, the planning commission or the city council. If the property is not under single ownership, all owners shall join in an application initiated by property owners, and a map showing the extent of ownerships shall be submitted with application materials. Applications to rezone property to PD shall be filed and processed in accordance with Chapter 14.27, Amendments. If property is already zoned PD, an approved development plan is required to develop the property.
B. Applications for development plans shall be initiated by submitting the following information to the planning department: a completed application form, signed by the property owner(s) or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the planning director. Standard information required for a development plan application is listed below in Section
14.07.060. Application procedures and processing timeframes shall be in accordance with state law and procedural guidelines established by the planning director. (Ord. 1625 § 1 (part), 1992).
14.07.060 Required plans and materials.
In addition to the plans and materials required to accompany an application for a zoning map amendment as per Chapter 14.27, Amendments, an application for rezoning to a PD district shall include a development plan incorporating the information described below:
A. A map showing proposed district boundaries and the relationship of the district to uses and structures within a three hundred foot (300′) radius of the district boundaries; B. A map or aerial photo of the proposed district and three hundred feet (300′) beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; ridgelines and creeks; the type, location and condition of mature trees and other natural vegetation; and the location of existing development;
C. The proposed pattern of land use, with acreage, residential density or commercial intensity calculations. This shall include the total square footage of each type of nonresidential use proposed in order to assess parking and traffic impacts;
D. A site plan showing proposed street and lot patterns, and the location of all proposed buildings, structures, and other general site improvements;
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F. A plan showing location, grades, and widths of all streets; location and size of all utilities; drainage structures; parking areas; walkways; and other improvements; G. Parking plan showing proposed parking layout and provisions for bicycle parking/storage; H. A topographical map with average site slopes, or slopes of proposed lots, if applicable, and slopes of proposed streets;
I. Geotechnical data (preliminary geologic report, geotechnical investigation report, and/or hazardous waste investigation report, as per general plan appendices, geotechnical review matrix); J. Traffic study;
K. Description of all open space and/or undeveloped areas and a statement indicating their intended disposition (i.e., deeded to property owners, dedicated to city, etc.); L. Proposed subdivision map if property is proposed to be divided; M. An enumeration of deviations between typical zoning ordinance standards for such uses and the proposed plan;
N. Phasing plan, if any;
O. Other information as may be prescribed by the planning director, depending on the type, location and potential impacts of the proposed development.
An application for development plan may be accompanied by an application for environmental and design review. If the development plan application is not accompanied by the environmental and design review application, the following preliminary design review information shall also be submitted as part of the development plan application:
P. Preliminary architectural elevations of all proposed buildings and structures; Q. Conceptual landscape plans;
R. Preliminary grading plan;
S. Site photographs showing site and adjacent properties; T. Other information as may be prescribed by the planning director. (Ord. 1625 § 1 (part), 1992).
14.07.070 Initial consultation—Concept plan review.
Applicants may request an initial consultation with the planning director (or the planning director's designated appointee) and/or a preliminary review by the design review board to review proposed development at the conceptual plan stage. See Section 14.25.030, Application. (Ord. 1625 § 1 (part), 1992).
14.07.080 Public notice and hearing.
A. The planning commission and city council shall hold public hearings to consider applications to rezone property to the PD district and/or a development plan application.
B. Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice. (Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992). 4891-1508-9091 v1
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14.07.090 Findings.
A recommendation by the planning commission to the city council or a decision by the city council to reclassify property to the PD district and/or to approve a development plan shall be based on the following set of required findings:
A. The development plan is consistent with the general plan, adopted neighborhood plans and other applicable city plans or policies;
B. Any residential development shall constitute a residential environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood, and where applicable, adequate open space shall be provided;
C. Any nonresidential uses shall be appropriate in area, location and overall planning for the purpose intended, and the design and development standards shall create a nonresidential environment of sustained desirability and stability, and where applicable, adequate open space shall be provided; D. The applicant demonstrates that public facilities are provided to serve the anticipated population; E. The development is improved by deviations from typical zoning ordinance property development and parking standards; and
F. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety. Emergency vehicle access is provided to serve the proposed development. (Ord. 1625 § 1 (part), 1992).
14.07.100 Contents of PD zoning approvals.
A. PD zoning approvals shall include a text summary of the approved development plan, including the range of allowable land uses, residential density, number and type(s) of residential units, commercial/industrial intensity, building square footage devoted to each type of nonresidential land use, site development standards including setbacks, building envelopes, lot coverage and height limits, parking, open space areas, outdoor amenities and any other critical components of development approval.
B. A master use permit or individual use permit(s) may be required as per Section 14.07.020 to establish specific use approvals and to evaluate compliance with trip allocations and parking standards. (Ord. 1625 § 1 (part), 1992).
14.07.110 Notice of decision.
The planning commission or city council shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant(s).
(Ord. 1625 § 1 (part), 1992).
14.07.120 Effect of failure to give notice.
No action, inaction or recommendation regarding any development by the planning commission or city council shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the court after an examination of 4891-1508-9091 v1
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the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown. (Ord. 1625 § 1 (part), 1992).
14.07.130 Effective date—Status of development plan.
PD zone designations without development plans are effective upon adoption of this zoning ordinance.
Development plans for these PD districts, and any other PD districts with development plans, shall be effective on the same date as the ordinance for which they were or are approved. PD ordinances shall expire only upon rezoning to another zoning district. If no action has been taken on an approved development plan within five (5) years of its approval (or other timeframes specified by the approval) the city may initiate rezoning of the property. (Ord. 1625 § 1 (part), 1992).
14.07.140 Zoning map designation.
A planned development district shall be noted by the designation "PD." PD districts with approved development plans shall be noted by the designation "PD," followed by the ordinance number approving the development plan.
(Ord. 1625 § 1 (part), 1992).
14.07.150 Amendments to PD zoning and development plans—New application.
Requests for changes in the contents of approval of a PD zoning and development plan shall be treated as a zoning amendment (rezoning). Rezonings shall be heard and decided by the city council. The procedures for filing and processing a rezoning shall be the same as those established for an initial PD zoning and development plan application.
(Ord. 1625 § 1 (part), 1992).
14.07.160 Revocation.
Any violation of a condition of approval of a development plan or a provision of this title shall be grounds for permit revocation, as provided in Chapter 14.29, Enforcement. (Ord. 1625 § 1 (part), 1992).
14.07.170 New applications following denial or revocation.
If an application for a development plan is denied or revoked, no new application for the same, or substantially the same, development plan shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice. (Ord. 1625 § 1 (part), 1992).
Chapter 14.08 MARINE DISTRICT (M)
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14.08.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the marine district (M) include the following:
A. To promote the canal as a navigable waterway and viable boating/maritime district; B. To preserve limited canal-front sites for water-frontage-dependent uses in order to maintain the canal as a viable maritime/boating district;
C. To provide site opportunities for marine-related businesses which may benefit from proximity to water-frontage-dependent businesses and contribute to the maritime character of the district; D. To provide site opportunities for canal-front parks and marine-related recreation; E. To allow residential and nonmarine related office uses on the second floor or above of a mixed-use project;
F. To promote building design sensitive to waterfront locations; G. To promote public access along the waterfront.
H. To allow site opportunities for retail, hotels and restaurants which promote public access to the canal. (Ord. 1831 § 1 (part), 2004: Ord. 1625 § 1 (part), 1992).
14.08.020 Land use regulations (M).
P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A:
Administrative use permit; Blank: Not allowed.
Table 14.08.020
Type of Land Use M Additional Use Regulations
Marine Uses
Boat building and repair C
Boat sales and rentals P
Charter boat businesses P
Clubs and lodges, including youth groups, with a marine focus or purpose (boating, fishing, study of marine biology, etc.)
C
Contractor's shops related to marine activities, including welding, small machinery repair and marine engine repair CZ
Equipment rentals related to boating, fishing, etc. P
Fish and bait sales, retail
Indoors P
Outdoors C
Fishing enterprises, commercial and/or recreational,
including support facilities (hoist, ice plant, storage, packing and sales area and related offices)
C
Fishing supply stores, including bait and stores P
Fuel yards strictly for boats C
Marinas, including boat slips, offices (sales, management, etc.), harbor, clubhouse, marine-related retail and support C
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services (restrooms, showers, laundry, caretaker's
residence, pump-outs, etc.)
Marine electronics: sales, manufacturing, assembly, testing or repairs (including electrical, electromechanical or
electronic equipment, or systems related to harbor or
marine activities)
C
Marine industry sales, including boat machinery, parts and incidental hardware
P
Marine supply stores P
Marine testing laboratories, research and development
facilities
C
Museum, marine-related C
Offices, business support for marine industry, including security
P
Outdoor storage, including temporary or permanent
storage containers
CZ
Parks with marine recreational features or concessions P Schools, sailing, boating, etc. P
Storage, boat (wet or dry) P
Warehousing, strictly for storage of boats, boat trailers and fishing gear
CZ
Yacht clubs C
Commercial
Food and beverage service establishments
Cocktail lounges (without food service) C
Food service establishments (with or without incidental serving of beer or wine) and without a cocktail lounge, live entertainment and/or dancing
(1) 1,000 sq. ft. or less in size P
(2) More than 1,000 sq. ft. in size CZ
Food service establishments with a cocktail lounge, live entertainment and/or dancing
CZ
Live entertainment and/or dancing (without food service) C Outdoor eating areas A For outdoor eating areas on private property, see Section 14.17.110
standards. For outdoor seating areas
located on city sidewalks, see Section
14.16.277 standards. For outdoor
eating areas on parking spaces within
the public right-of-way, see Chapter
11.70—"Streetaries" Outdoor Eating
Areas.
Retail and Office Uses
Retail and administrative, business and professional office uses listed as permitted or subject to use permit in general commercial district
P/C/A* *See "Retail" heading in the General
Commercial district for permitted and
conditional retail and office uses. Nonmarine related office use allowed on second floor or above in a mixed-use
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