San Rafael Municipal Code Ch. 10.09 Downtown San Rafael Business Improvement District

The purpose of this chapter is to authorize the city to impose assessments on business within a parking and business improvement area which are in addition to any assessments, fees, charges, or taxes imposed in the city, and to use such proceeds for the benefit of businesses within such area.

(Ord. No. 1912, § 3, 6-3-2013; Ord. No. 1926, § 2, 12-1-2014)

For the purposes of this chapter and for identifying businesses in the Downtown San Rafael Business Improvement District and for calculating and applying the assessments owed, the following definitions shall apply:

A. "Financial institutions"—Banks (retail and full service), savings and loans, credit unions as allowed in the underlying zoning district.

B. "Non-Profit organizations"—Organizations registered as a non-profit corporation with the State of California and fine artists.

C. "Fine artists"—Artists that produce art that is intended primarily for beauty rather than utility or commercial purposes.

D. "Offices"—Businesses providing administrative or business services such as company headquarters, employment agencies, management services as allowed in the underlying zoning district.

E. "Personal services"—Businesses that sell services such as hair salons, nail salons and day spas as allowed in the underlying zoning district, and may combine some retail sales with product services, and may be associated with sole practitioners.

F. "Personal services, not on ground floor"—Personal service businesses that are not located on the ground floor of a building and do not have a retail presence on the street.

G. "Personal services sole practitioner"—Businesses that are sole practitioners in personal services businesses, including barbershop chairs, manicurists chairs, beauty shop chairs and miscellaneous personal care chairs.

H. "Professionals"—Businesses that require advanced and/or specialized licenses and/or advanced academic degrees, such as architects, engineers, attorneys, accountants, therapists, counselors, realtors, mortgage brokers as allowed in the underlying zoning district. Professionals working as sole practitioners are in this category.

I. "Restaurant"—Businesses that sell prepared foods and drinks as allowed in the underlying zoning district.

J. "Retail"—Businesses that buy and sell goods, such as clothing stores, shoe stores, office supplies as allowed in the underlying zoning district.

(Ord. No. 1912, § 3, 6-3-2013; Ord. No. 1926, § 2, 12-1-2014)

Pursuant to the provisions of Streets and Highways Code Section 36501 et seq., a parking and business improvement district is hereby established, named "Downtown San Rafael Business Improvement District" (the "BID").

(Ord. No. 1912, § 3, 6-3-2013; Ord. No. 1926, § 2, 12-1-2014)

The parking and business improvement area created herein includes businesses situated within the boundaries described as follows:

Those businesses situated on parcels fronting on the north side of Fourth Street from Second Street to E Street, more particularly assessor's parcels as shown on the 2012 Assessor's Maps as follows: 010-291-57, 35, 34, 33, 49, 69; 011-192-18, 08, 07; 011-194-11, 13, 08, 07; 011-196-12, 11, 10, 09, 08, 07; 011-202-13, 12, 11, 14; those businesses situated on parcels bound by Fourth Street, Second Street and Ida Street, more particularly assessor's parcels as shown on the 2012 Assessor's Maps as follows: 011-231-24, 25, 03, 04, 05, 06, 21, 17, 16; those businesses situated on parcels fronting on the south side of Fourth Street from Ida Street to E Street, more particularly assessor's parcels as shown on the 2012 Assessor's Maps as follows: 011-232-01, 02, 03; 011-241-01, 30, 31, 32, 33; 011-242-01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11; 011-245-26; those businesses situated on parcels bound by E Street, Hetherton Street, Fifth Avenue and Third Street, more particularly assessor's parcels as shown on the 2012 Assessor's Maps as follows: 011-204-01, 16, 15, 14, 13, 17, 09, 08, 20, 18, 19; 011-205-01, 15, 14, 13, 12, 11, 10, 09, 08, 16, 05, 04, 17; 011-212-15, 14, 16, 11, 06, 05, 04, 03; 011-214-10; 011-215-01, 02, 04, 05; 011-216-01; 011-222-08, 05; 011-224-01, 18, 17, 20, 15, 14, 13, 12, 11, 10, 19, 08, 06, 05, 04, 03, 02, 21; 011-227-01, 08, 07, 06, 05, 04, 10, 09, 02; 011-251-01, 13, 12, 11, 10, 09, 08, 07, 06, 05, 04, 03, 02; 011-253-01, 09, 08, 07, 06, 11, 10, 04, 03, 02; 011-255-27, 15, 14, 13, 18, 10, 29, 33, 19, 20, 07, 31, 30, 32, 23, 28, 03; 011-261-01, 13, 12, 20, 26, 29, 30, 17, 31; 011-263-20, 21, 02, 19, 04, 16, 22, 13, 11, 10, 09, 08, 07, 06, 05, 02; 011-271-01, 16, 15, 14, 13, 12, 11, 17, 07, 06, 05, 04, 03, 02, 01; 011-273-01, 17, 18, 12, 11, 10, 09, 08, 24, 06, 05, 04, 23, 02; 011-275-01, 12, 11, 10, 09, 13, 05, 04, 03, 02; 011-277-01; 014-084-13, 14, 02; 014-121-14; those businesses situated on parcels fronting on B Street from Third Street to Second Street, more particularly assessor's parcels as shown on the 2012 Assessor's Maps as follows: 011-256-26, 07, 08, 09, 32, 12; 011-262-01, 21, 22, 16, 15, 14, 23.

The standard benefit zone is that portion of the Downtown San Rafael Business Improvement District located to the west of E Street, that portion to the east of Lincoln Avenue, and that portion fronting on B Street from Third to Second Street.

The premium benefit zone is the remainder of the Downtown San Rafael Business Improvement District; specifically that portion located the east of E Street and west of Lincoln Avenue, between Fifth Avenue and Third Street.

Said area zones are reflected on a graphic, Exhibit A, attached to the ordinance codified in this chapter and incorporated in this chapter by reference.

(Ord. No. 1912, § 3, 6-3-2013; Ord. No. 1926, § 2, 12-1-2014)

All businesses in the BID shall, commencing on January 1, 2015 pay an annual benefit assessment to the BID in the amounts shown in Table 10.09.050-1.

Table 10.09.050-1

Assessments based upon 'gross receipts' shall be based upon the previous year's annualized gross receipts. An individual who has multiple business licenses in their name at a single address shall only pay one assessment fee. No person or business shall be required to pay an assessment for residential uses, residential businesses or home occupations. Any business outside the BID may voluntarily pay the standard zone assessment.

(Ord. No. 1912, § 3, 6-3-2013; Ord. No. 1926, § 2, 12-1-2014)

The revenues derived from the assessments shall be used for the purposes as stated in Streets and Highways Code Section 36501 et seq. for the specific benefit of assessed businesses which may include:

A. General promotion of businesses activities which provide a specific benefit to assessed businesses within the BID;

B. Promotion of public events which provide a specific benefit to assessed businesses within the BID and which take place on or in public places within the BID;

C. The acquisition, construction, installation and maintenance of any tangible property including but not limited to benches, trash receptacles, decorations and landscaping which provide a specific benefit to assessed businesses within the BID;

D. Activities which provide a specific benefit to assessed businesses located and operating in the BID.

(Ord. No. 1912, § 3, 6-3-2013; Ord. No. 1926, § 2, 12-1-2014)

The benefit assessment shall be billed annually by the city in conjunction with the city's annual business license. Any business exempt from paying city business license fees shall be assessed in January of each year. All assessments collected shall be held in a separate account and expended in accordance with this chapter and any subsequent resolutions and funds management agreement.

(Ord. No. 1912, § 3, 6-3-2013; Ord. No. 1926, § 2, 12-1-2014)

The city council shall appoint an advisory board pursuant to Streets and Highways Code Section 36501 et seq. to administer the affairs of the BID. Members of the advisory board must own or represent a business in the BID, or be a voluntary member. The advisory board shall prepare an annual report for each year for which assessments are to be levied. The report shall be filed with the city clerk and shall comply with all requirements as stated in Streets and Highways Code Section 36501 et seq.

(Ord. No. 1912, § 3, 6-3-2013; Ord. No. 1926, § 2, 12-1-2014)

Funds derived from the BID assessments shall not be used to offset or diminish current maintenance or capital improvement programs, including but not limited to public property and sidewalk cleaning and maintenance, street cleaning and maintenance, tree maintenance.

(Ord. No. 1912, § 3, 6-3-2013; Ord. No. 1926, § 2, 12-1-2014)

The city council may, at the advisory board's recommendation, modify the boundaries or assessments. Such modifications shall be made pursuant to the requirements of Streets and Highways Code Section 36501 et seq.

(Ord. No. 1912, § 3, 6-3-2013; Ord. No. 1926, § 2, 12-1-2014)