HomeMy WebLinkAboutPlanning Commission 2012-02-14 VideoCITY OF
Meeting Date: February 14, 2012
Agenda Item: �—
Community Development Department- Planning Division Case Numbers: UPI 1-070/ED11-089
P. O. Box 151560, San Rafael, CA 94915-1560
PHONE: (415) 485-3085/FAX: (415) 485-3184 Project Planner: Caron Parker (415) 485-3094
REPORT TO PLANNING COMMISSION
SUBJECT: 12 Ritter Street (Ritter Center) — Request for a Use Permit Amendment (to a
previously approved Use Permit UP04-005), to allow the installation of a 933 square foot
modular trailer to be used as a medical clinic, and to increase the client caseload to 65
persons/day. The new trailer would be located adjacent to an existing approved trailer.
Five existing on-site parking spaces would be eliminated in order to accommodate the
new trailer. There are no other changes proposed to the site or Ritter Services. APN:
011-271-13; Second/Third Mixed Use East (2/3 MUE) Zoning District; Velma Bottarini,
owner; Diane Linn, Executive Director, Ritter Center, applicant; File No. UP11-
070/ED11-089.
EXECUTIVE SUMMARY
The Ritter Center is located in three buildings/modular trailers housed on two adjacent lots on the south side
of Ritter Street (see project plans). The Ritter Center is proposing to amend their existing Use Permit (UP04-
005) to allow the following:
1. Relocate 600 square feet of medical clinic space in the existing Day Services Center (DSC) trailer to a
larger 933 square foot trailer. The proposed trailer would be located adjacent to the existing trailer
and would eliminate 5 on-site parking spaces.
2. Increase the client caseload for the existing Day Services Center (DSC) and the new medical trailer to
a total of 65 persons/day.
The previously approved Use Permit (UP04-005) limited the number of clients using the DSC to 40
clients/day, but did not limit the total number of clients served for other Ritter services on site. The number of
clients using Ritter Center services has increased over the years and in particular over the past few years due
to a variety of social and financial issues. Currently, the client caseload for the DSC trailer is 45 clients/day for
the showers/laundry and 15/clients/day for the medical clinic, for a total of 60 clients/day. The new medical
clinic would serve 20 clients/day, increasing the total number of clients served at the DSC and the new
medical trailer to 65 clients/day. Ritter staff has estimated the total clients served for all services at the Ritter
Center site to be 130 clients/day. Staff has carried forward all previous Use Permit Conditions of Approval
from Resolution 04-26 (see Exhibit 5), and modified conditions related to proposed changes to the site.
Based on staff site visits and site history research, it appears Ritter Center has not expanded the specific
services described in the existing Use Permit (UP04-005) approved in 2004. The services described in the
applicant's 2012 project description (see Exhibit 6) mirror the same services approved in 2004. It would seem
that the demand for Ritter's services has increased and Ritter has simply tried to meet that demand. Staff has
presented information in this staff report that will hopefully help the Commission understand the impact of the
increase in clients served on the pertinent General Plan policies, Zoning Ordinance regulations and previously
approved Use Permit Conditions of Approval. Staff does recognize and understand that both the City and the
public as a whole are concerned about the burgeoning homeless population and its impact on downtown
businesses and the City of San Rafael as a whole. The City Council has also recognized this growing
concern with homelessness and has created a Council subcommittee to study and address the issue. One of
the difficulties is that the homeless issue transcends City boundaries and needs to be a coordinated effort not
REPORT TO PLANNING COMMISSION - Case No: UP1 1-070/ED1 1-089 Page 2
just amongst the City of San Rafael, but also the County of Marin, other cities in Marin County and other non-
governmental service providers.
The purview of this application is to examine what is presented in the application for a Use Permit
amendment, and to review the proposed project for consistency with General Plan 2020 and conformance
with Zoning Ordinance regulations. Impacts to businesses along Ritter Street are certainly part of the Use
Permit analysis. Staff has carried forward the all Conditions of Approval from UP04-005 and modified them to
reflect the two requested amendments.
RECOMMENDATION
It is recommended that the Planning Commission adopt a Resolution conditionally approving the Use Permit
Amendment to allow the installation of a new 933 square foot medical trailer and increase combined client
limit for the Day Services Center (DSC) and the new medical trailer to 65 persons/day at the Ritter Center.
(Exhibit 2).
PROPERTY FACTS
Address/Location: 12 Ritter Street Parcel Number(s): 011-272-13
Property Size: 6,082 square feet Neighborhood: Downtown Activity Center
Site Characteristics
General Plan Designation Zoning Designation Existing Land -Use
Project Site:
Second/Third Mixed Use
2/3 MUE
Office
North:
Second/Third Street Mixed
Use
2/3 MUE
Commercial/Industrial
South:
Second/Third Street Mixed
Use
2/3 MUE
Retail/Commercial
East:
Second/Third Street Mixed
Use
2/3 MUE
Retail/Commercial
West:
Second/Third Street Mixed
Use
2/3 MUE
Retail/Commercial/Parking
lot
Site Description/Setting:
The Ritter Center is located in three buildings/modular trailers housed on two adjacent lots on the south side
of Ritter Street. Total size of the project site (APN # 011-271-13) is 6,082 square feet. There are 5 on-site
parking spaces and one handicap accessible space. There are various functions and services provided in the
three buildings, as described below and on Site Plan Sheet A1.0 (see Exhibit 3: reduced plan and Exhibit 4:
site photos):
• Ritter Center (16 Ritter): Offices and food pantry distribution
• Bouchard. Building: Case Management (5 offices) and a conference room
• Day Services Center (DSC): Existing medical clinic, showers, laundry, restroom and mail services
Other existing services provided on site include emergency clothing distribution and seasonal services during
the holidays. In addition, since 2010, the Ritter Center has leased 1,800 square feet of space in the single
tenant building directly across the street on the corner of Ritter Street and Third Street, at 815 Third Street
(see Exhibit 1: Project Vicinity Map). This space (called "The Annex") is used for small meetings and office
cubicles for the Behavioral Health services. Once the existing medical clinic in the DSC is relocated to the
REPORT TO PLANNING COMMISSION - Case No: UP1 1-070/ED1 1-089 Page 3
new trailer, the offices at 815 Third Street will be relocated to the DSC trailer. The Annex also operated as a
pick-up location for the Rotating Emergency Shelter Program (REST) for the past two winter seasons (2010
and 2011). Clients arrive at 4:30 pm, are screened and then bused to overnight accommodations. The use
of 815 Third Street for the REST program was approved through a Temporary Use Permit.
BACKGROUND
The Planning permit history for the site is detailed below:
ED92-52: On July 29, 1992, the Zoning Administrator approved an 879 square foot office building at
the rear of the property.
2. ED93-15/UP93-16: On March 23, 1993, the Planning Commission approved a Design Review Permit
and Use Permit for a 1,100 square foot temporary office trailer. The Use Permit was due to expire in
two years (May 5, 1995). This permit was appealed to the City Council and the Planning Commission
decision was upheld on April 19, 1993.
3. UP95-003: On February 28, 1995, the Planning Commission approved an extension to ED93-
15/UP93-16, allowing the use of the temporary trailer to continue for 3 more years (due to expire on
September 9, 1997).
4, UP04-005: On September 14, 2004, the Planning Commission amended UP95-003, continuing the
use of a Day Service Center in the 1,100 square foot trailer structure, and modifying several
Conditions of Approval, including eliminating the requirement for monthly reports of the number of
daily visitors, eliminating the expiration date on the Use Permit, and eliminating the Day Services
Center Oversight Committee. Client caseload for the Day Services Center was still limited to 40
clients/day, averaged over one week. Additional Conditions of Approval specified hours of operations,
litter control measure, security program during operating hours, no outside storage and no food
services or full service kitchen. For complete details on the Conditions of Approval, see Planning
Commission Resolution 04-26 (Exhibit 5).
PROJECT DESCRIPTION
The proposed project would relocate the existing medical clinic housed in the DSC trailer to the proposed 933
square foot (40' x 23.3' x 11" high) modular trailer. The existing DSC trailer has about 600 square feet of
space for the medical clinic. The proposed new clinic space would add one exam room, a larger waiting room
and medical offices. The existing medical clinic in the DSC serves 15 clients/day and this number would
increase to 20 clients/day in the new clinic space. Ritter Center staff indicated that the increase was
necessary to comply with requirements in the Federal grant secured for the improvement. Hours of operation
for the Ritter Center site would remain the same as was previously approved: 6:00 am to 8:00 pm, seven
days a week. However, currently, the DSC (and the medical clinic) operates from 9:00 am to 5:00 pm,
Monday through Friday. In terms of design, the proposed new trailer would be designed to match the colors
and materials of the existing trailer on site. The new trailer location would eliminate 5 parking spaces at the
northwest corner of the site. The handicap parking space would remain. Once relocated to the new trailer,
the empty medical clinic space in the DSC trailer would be used as office space for the Behavioral Health staff
currently located at 815 Third Street. No other changes to the project site or expansion of other Ritter Center
services are proposed. (See Exhibit 6: Applicant's Narrative Description Amendment).
REPORT TO PLANNING COMMISSION - Case No: UP11-070/ED11-089 Page 4
ANALYSIS
San Rafael General Plan 2020 Consistency:
Staff has evaluated the project and found it to be consistent with the following applicable General Plan 2020
Policies and Programs:
Policy LU -9 (Intensity of Non -Residential Development): Commercial and Industrial areas have
defined floor area ratios (FAR's) to identify appropriate intensities. FAR is the total gross building
square footage divided by the land area. Exhibit 4 in the San Rafael General Plan 2020 delineates the
maximum FAR for the project site to be 1.5. The existing site has an FAR = .72 and the proposed
addition of the 933 square foot medical trailer would increase the FAR on site to .87, which is within
the maximum FAR allowed. As such, the proposed projects consistent with General Plan Policy LU -9.
Policy LU -14 (Land Use Compatibility): The project site has a Land Use Designation of
Second/Third Mixed Use. This designation allows office use as one of the many land uses
encouraged in the Second/Third Mixed Use designation. Ritter Street itself is a unique street in that:
1) it is a short street running between Second and Third Street; and 2) the two businesses on the
north side of Ritter Street have customer entrances on Third Street and loading activities and parking
lots fronting onto Ritter Street; 3) the businesses on the south side of Ritter Street are a mix of service
station, auto repair, retail auto parts and accessory, TV repair, and a retail beverage store; and 4)
Ritter Street is not a heavily used pedestrian oriented corridor. The nature of some of the clients using
Ritter Center services and the growing demand for the services offered do sometimes present
compatibility challenges with some of the businesses in the vicinity. However, there are conditions of
approval already in place (UP04-005) requiring litter clean-up and also a security program during
operating hours. In addition, Ritter Center staff work closely with adjacent businesses to address
conflicts between Ritter clients and adjacent businesses. Ritter also works with the San Rafael Police
Department to ensure security on site and in the nearby vicinity. The proposed relocation of the
existing medical clinic to a new trailer and would not introduce a use that is new or incompatible with
the variety of existing land uses. The new trailer would be designed with a 125 square foot waiting
area, which will help reduce the number of clients who have to wait outside the clinic due to lack of
waiting room space. In addition, the Ritter Center staff will be working with a space planner to
reorganize services and office space in such a way to maximize interior space for clients to be able to
have a choice to come inside after appointments.
• Policy NH -4 (Property Maintenance): Requires owners to maintain their properties in good condition
and appearance and eliminate unsafe and unhealthy conditions. The existing DSC trailer is too small
to adequately serve clients seeking medical help. The proposed new trailer would relocate the clinic
to a state of the art, code compliant trailer. In addition, it would create new space for clients to wait
indoors, reducing the amount of people waiting on site and along the sidewalks.
Policy NH -17 (Competing Concerns): This General Plan Policy states that: `7n reviewing and
making decisions on projects, there are competing economic, housing, environmental and design
concerns that must be balances. No one factor should dominate; however, economic and housing
development are high priorities to the health of Downtown." The Ritter Center has been in operation in
the same location since 1981, providing a variety of services and resources to working poor and
homeless, all free of charge (see Exhibit 7 - Ritter Center history). The Ritter Center staff believes that
providing services is a necessary step towards helping people secure jobs and permanent housing. In
recent years, the need for services has increase and activity at the Ritter Center has increased, which
has created some tensions with adjacent businesses from time to time. However, Diane Linn,
Executive Director of the Ritter Center has stated that the Center is in regular contact with adjacent
property owners and businesses (including but not limited to Marin Beverage, Best Collateral, and
REPORT TO PLANNING COMMISSION - Case No: UPI 1-070/ED11-089
Page 5
House of Brakes) to address issues such as litter clean-up and loitering. Ritter Center will also
continue their security program (includes on-site trained staff and coordination with SRPD) during
operating hours to maximize enforcement of Ritter Center client behavioral policies and ensure
security on-site and in the area. In addition, Ritter Center has updated client management policies to
include refusing services to clients who violate appropriate behaviors that may impact adjacent
businesses. The proposed new trailer would house a medical clinic with more room for clients to wait
inside instead of milling around outside and along Ritter Street. This would potentially reduce the
impacts to adjacent businesses, who have expressed concerns about the number of Ritter clients
congregating on the sidewalk. The Use Permit Amendment would continue the current hours of
operation on the site. The addition of the new medical trailer, with additional waiting room space
would allow Ritter staff to: 1) schedule medical visits more effectively; and 2) free up more space in
the DSC trailer for clients waiting to use the laundry and shower services. Overall, the proposed
amendment would improve client management on site. As such, staff has determined that the
proposed Use Permit Amendment would be a positive step to help improve the overall appearance of
the site and vicinity.
Policy NH -51 (Existing Business Areas): This General Plan Policy encourages and supports the
upgrading of existing business areas. The Ritter Center is currently providing medical services,
showers, laundry, mail services, and restrooms in the DSC trailer. The Ritter Center has secured
federal grant monies to support the new medical trailer, enabling the Center to provide higher quality
clinic space and a waiting area. In addition, the nurse practitioner staff will be increased to allow for
more appointments and reduced wait times. These improvements will greatly improve client
management on site and result in an overall improvement to the Ritter Center site and adjacent
business community.
Policy CD -10a (Nonresidential Design Guidelines- Visual Compatibility): Ensure that new
structures are visually compatible with the neighborhood. The proposed new modular trailer meets
the guidelines set forth for Non -Residential Development in the San Rafael Design Guidelines. The
proposed new trailer will be designed with colors and materials that are similar to the existing trailer on
the project site and the overall color scheme for other buildings on the site. The medical trailer has
been designed with several windows along the east elevation (Ritter Street frontage) and includes a
sense of entry, including a canvas awning over the entrance doorway.
Zoning Ordinance Consistency:
Chapter 5 — Land Use Regulations
The subject property is located within the Second/Third Mixed Use East (2/3MUE) Zoning District, which
permits general office and medical office uses, and conditionally permits. clinics, subject to the approval of a
Use Permit by the Planning Commission (Zoning Ordinance Section 14.05.022). The Ritter Center is
operating under a previously approved Use Permit (UP04-005) and is applying for a Use Permit Amendment
to relocate the existing clinic into a new medical trailer on site and increase the client caseload limit. The
proposed use is consistent with a use that, if approved, is conditionally permitted in the 2/3MUE District.
Chapter 19 - Parking
The project site proposes to remove 5 on-site parking spaces in order to install the modular trailer. Off-street
parking requirements are not applicable to the project site because the site is located in the Downtown
Parking Assessment District. Pursuant to Zoning Ordinance Section 19.18.060A, parking for up 1.0 FAR of
the total square footage of the building is provided by the Parking Assessment District. The proposed project
would increase the FAR on site from FAR = .72 to FAR = .87 and therefore the parking requirement would be
covered by the Parking Assessment District. Ritter Center has historically secured designated permitted
parking spaces for employees at an off-site lot operated by the San Rafael Business Improvement District
(surface lot on Lindaro Street between 2nd and 3`d). Five additional spaces have been secured at this lot to
REPORT TO PLANNING COMMISSION - Case No: UP1 1-070/ED1 1-089 Page 6
replace the parking lost on site. There are also 6 off-street parking spaces available across the street at 815
Third Street. Based on the fact that: 1) the proposed project is a relocation of an existing use; 2) there is no
increase in parking demand on site; and 3) Ritter Center staff has access to off-site parking lot spaces, the
proposed elimination of the existing 5 on-site parking spaces would not impact on -street parking availability.
Chapter 22- Use Permit
Use Permits are required for uses which may be suitable only in specific locations within a zoning district or
which require special consideration in their design, operation or layout to ensure compatibility with
surrounding uses. The subject property has historically operated under the guidelines of approved and
amended Use Permits, as detailed on Page 3 of this staff report. The most recent Use Permit Amendment
was approved in 2004 (see Exhibit 5: Resolution 04-26). The applicant is now requesting an amendment to:
1) add a 933 square foot modular trailer building to the project site and relocate the medical clinic from the
DSC trailer to the new trailer; and 2) increase the client limit from 40 clients/day for the DSC to 65 clients/day
total for the DSC and the new medical trailer combined. As such, the project would require a Use Permit
Amendment to the 2004 Use Permit (UP04-005) Condition of Approval # 1 (authorized the addition of one
DSC trailer on site) and Condition of Approval #7 (limited client caseload for the DSC trailer to 40 clients/day,
averaged over one week). All other Conditions of Approval specified in UP04-005 will be included in Draft
Resolution for the newly amended Use Permit UP11-070.
Pursuant to Zoning Ordinance Section 14.22.080, in order to grant a Use Permit, the following Findings must
be made:
1. That the proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and
the purposes of the district in which the site is located,-
2.
ocated,2. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or
to the general welfare of the City, and
3. That the proposed use complies with the applicable provisions of the Zoning Ordinance.
Staff recommends that the proposed project is in accord with the General Plan, the objectives of the Zoning
Ordinance, and the purposes of the district in which the site is located in that: 1) the proposed medical trailer
would replace the existing medical clinic services on site, and medical clinics are conditionally permitted uses
within the subject property 2/3 MUE Downtown Zoning District; 2) the proposed increase in the client
caseload to 65 clients/day would reflect the current service levels for the DSC (60 persons) and the additional
5 clients/day planned for the new medical trailer. This increase is warranted in order for Ritter Center to
provide a much needed service to poor and homeless clients in need. The demand for services has
increased steadily over the years since the original Use Permit was approved in 1993. The Ritter Center is
committed to re -designing space on the project site to help maximize client management to help address and
reduce potential impacts from the proposed client caseload increase; 2) the Ritter Center is in conformance
with General Plan Policies outlined on Pages 4-5 of this staff report; 3) the Ritter Center is currently operating
under an approved Use Permit (UP04-005), which would be amended; and 4) the project site is located in the
Downtown Parking Assessment District and is not required to provide off-street parking for FAR up to a 1.0.
Staff also recommends that the new medical clinic and the proposed increase in the client caseload to 65
persons/day would not be detrimental to the public health, safety and welfare, or materially injurious to
properties or improvements in the vicinity, or to the general welfare of the City in that: 1) the proposed project
would relocate 600 square feet of an existing use into a slightly larger space, but would not be a substantial
"expansion" of medical space because unlike the existing trailer, the new trailer is designed with a waiting
area; 2) the proposed total client caseload for the DSC clients and the new medical trailer (65 total
clients/day) reflects current conditions (60 clients/day) which has gradually increased over the years, plus an
additional 5 clients/day proposed for the new medical trailer. Ritter staff has indicated despite the increase in
clients served, the new trailer would improve client management on site and therefore reduce client overflow
forced to wait outside for appointments; 3) there are no changes to the current hours of operation for the
REPORT TO PLANNING COMMISSION - Case No: UP1 1-070/ED1 1-089 Page 7
medical clinic in the DSC (Monday through Friday, 9 am — 5 pm); 4) the Ritter Center is working with a space
planner to help redesign office space on the site to maximize efficiency. The goal is to create better spaces
on site to manage clients throughout the day and reduce the impact on the street; 5) the Ritter Center will
continue the established daily litter removal/site clean-up operations (as required in UP04-005) to keep the
streets near the project site clean; 6) Ritter Center has trained staff to manage any difficult clients and works
cooperatively with the San Rafael Police Department to minimize impacts to adjacent properties. In addition,
Ritter will continue implement their security program on-site during operating hours to maximize enforcement
of Ritter Center client behavioral policies and ensure security on-site and in the area. Ritter has also updated
client management policies to refuse services to clients who violate appropriate behaviors agreements that
impact neighboring businesses; 7) the proposed plans have been reviewed by the City's Building/Fire
Prevention Division, Public Works and the San Rafael Sanitation District. Department comments are included
as Conditions of Approval in the attached Draft Resolution. Additional Building/Fire review will be required
upon submittal of formal building permit plans to determine project compliance with all Building and Fire
Codes, including occupancy limits and egress; and 8) no letters of concern were received from the public
during the project review process or in response to the public notice.
Staff also recommends that the proposed project complies with each of the applicable provisions of the
Zoning Ordinance in that: 1) the use, as conditionally approved, would continue an existing conditionally
approved use; 2) the proposed increase in the number of clients served per day would be offset by creating a
better space in the new trailer and creating vacant space in the DSC trailer; 3) the proposed medical trailer is
designed to be compatible with existing building colors and materials on the project site. In addition, the
vacated space in the DSC trailer will be back-filled with offices currently housed at 815 Third Street (the
Annex). Ritter staff is working with a space planner to create a new space in the Annex that will facilitate use
of the space for Ritter clients. The use of this Annex space will help reduce the number of clients currently
standing outside on the site for lack of other options. Staff has determined that the findings to conditionally
approve the Use Permit Amendment can' be made based on the discussions above.
The proposed Use Permit Amendment is an attempt to upgrade existing medical clinic service by providing a
new medical trailer, and increase the number of medical patients from 15 clients/day to 20 clients/day in order
to continue to provide critical services to the poor and homeless. Ritter Center staff believes that the services
provided will actually help to reduce the impact of the homeless population in San Rafael.
Draft Conditions of Approval
The attached Draft Resolution (Exhibit 2) contains the proposed conditions of approval for Use Permit UP11-
070. Staff notes that the intent and restrictions of all previous conditions of approval in Resolution 04-26 are
carried forward into the current Draft Resolution. The only changes made are to: 1) improve language clarity;
2) reflect the two amendments requested (new trailer on site and change in total client caseload; and 3)
separate the Design Review Permit conditions of approval from the Use Permit conditions of approval.
Chapter 25- Environmental and Design Review Permit
The project should be evaluated for conformance with the review criteria identified in Chapter 25 of the Zoning
Ordinance. This chapter states that the new structures should be harmoniously integrated in relation to both
the specific site design and the architecture in the vicinity in terms of colors and materials, scale and building
design. Specific architectural design considerations include, but are not limited to the following:
• Creation of interest in the building elevation
• Landscaping should enhance site features.
• The project size/scale should be analyzed as to the appropriateness to the lot size.
• Compatibility with existing buildings on site and the surrounding vicinity
The proposed modular trailer would be 40' x 23'4" x 10' 9" in height and would be located adjacent and to the
north of the existing trailer used as the Day Services Center (DSC). The proposed trailer would be
REPORT TO PLANNING COMMISSION - Case No: UPI 1-070/ED11-089 Page 8
constructed with "Smartpanel" exterior siding (Benjamin Moore #2131-50 Nimbus Gray) and "Truwood" trim
(Benjamin Moore #OC -66 Snow White). Skirting would match the color and materials on the trailer. The
access ramp would be designed with an aluminum deck and railing system. Four windows and an entrance
doorway (with a charcoal gray colored canvas awning) would be located along the north (street side)
elevation. There is one window located on the north elevation and no windows along the west property line.
Two air conditioning units are proposed on the south side of the new trailer, directly across from the air
conditioning units in the existing DSC trailer. The wooden screen currently in place for the existing air
conditioning units would be redesigned (see project plans, East Elevation) to screen all units. One existing
plum tree along the west side property line is proposed to be removed. There are several existing planter
boxes on the site with small shrubs and vines. The existing pots would remain and be relocated, as
necessary. Three existing mature trees located just outside the subject site's property line along the south
side of Ritter Street would remain.
Staff finds that the proposed project is generally consistent with design criteria of Chapter 25 (Section
14.25.050) of the Zoning Ordinance in that: 1) the proposed new trailer has been designed to be compatible
with the color and materials of the existing medical trailer and other structures on the site; 2) the floor plan has
been designed such that the air conditioning units are located on the south side of the modular, and will not
be visible from the street; 3) a natural wooden fence and lattice will be used to screen the air conditioning
units between the two trailers. The newly designed fence would not be painted; and 4) staff has added Design
Review Permit Condition of Approval #4 and #5, requiring that new planters be installed to provide
landscaping on the north side of the proposed trailer, and existing planter boxes be preserved on site.
Draft Conditions of Approval
The attached Draft Resolution (Exhibit 2) contains the proposed conditions of approval for Environmental and
Design Review Permit ED11-089. The conditions listed are standard conditions of approval typical for design
review permits. In addition, comments received from other City Departments have been incorporated into the
Draft Resolution. The only design review related condition of approval from the previous Resolution 04-26,
concerned site landscaping. Staff has included this condition in the current Draft Resolution, and expanded
on the condition to address areas of the site where landscaping needs to be augmented.
ENVIRONMENTAL DETERMINATION
The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA),
pursuant to Section 15301 a (Existing Faciltities) and 15311 (Accessory Structures) of the CEQA Guidelines,
which exempts minor interior and exterior alterations to existing structures, and the construction of minor
structures accessory to existing commerical, industrial or institutional facilities.
NEIGHBORHOOD MEETING 1 CORRESPONDENCE
A Notice of Hearing for the project (Exhibit 8) was mailed to both property owners and occupants within 300
feet of the project site 15 days prior to this Planning Commission meeting as required by noticing
requirements contained in Chapter 29 of the Zoning Ordinance. In addition, a notice was sent out to the
Downtown Business Improvement District. The site was also posted with a Notice of Public Hearing. To
date, planning staff has received no comments on the proposed project.
Staff is aware that there are community concerns about the homeless population in the City of San Rafael
and the issues that arise from some of the clients using Ritter Center services. However, this review of the
proposed Use Permit Amendment is limited in scope to the specific amendments requested. Namely, the
impact of relocating the existing medical clinic into the proposed 933 square foot medical trailer, and the
increase in client caseload for the DSC and new medical trailer. It is not possible to address all concerns
about homelessness in San Rafael through this Use Permit Amendment process. Conditions of approval
REPORT TO PLANNING COMMISSION - Case No: UPI 1-070/ED11-089
Page 9
have been included to address any concerns staff identified as part of the Use Permit review process.
Additional conditions can be added based on Planning Commission review and public comments.
OPTIONS
The Planning Commission has the following options:
1. Approve the application as presented and adopt the Draft Resolution (staff recommendation.);
2. Approve the application with certain modifications, changes or additional conditions of approval;
3. Continue the application to allow the applicant to address any Commission's comments or concerns;
or
4. Deny the project and direct staff to return with revised Resolution for denial
EXHIBITS
1. Vicinity Map
2. Draft Resolution
3. Reduced project plans
4. Project site photos
5. Resolution 04-26 adopted by the Planning Commission on September 14, 2004
6. Applicant's Narrative Description Amendment, dated December 16, 2011
7. Ritter Center History and Overview
8. Public Hearing Notice
Project Plans (11"x 17" distributed to the Planning Commission only)
Cc: Diane Linn, Executive Director, Ritter Center, P.O. Box 3517, San Rafael, CA 94912
Velma Bottarini, 26 Woodland Place, San Rafael, CA 94901
12 Ritter Street - Project Vicinity Map
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Exhibit I
Tuesday, January 31, 2012 12:12 PM
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION CONDITIONALLY
APPROVING A USE PERMIT AMENDMENT (UP 11-070) AND ENVIRONMENTAL AND DESIGN
REVIEW PERMIT (ED11-089) TO INSTALL A NEW 933 SQUARE FOOT MEDICAL TRAILER AND
INCREASE THE CLIENT CASELOAD LIMIT TO 65 CLIENTS/DAY TOTAL FOR THE DAY SERVICES
CENTER AND NEW MEDICAL TRAILER AT THE RITTER CENTER, 12 HITTER STREET
(APN: 011-272-13)
WHEREAS, on April 19, 1993, the San Rafael City Council upheld on appeal the Planning Commission
conditional approval of a Use Permit (UP93-16) and Environmental and Design Review Permit (EDI1-089)to
allow the installation of a 1,100 square foot temporary trailer for a Day Services Center to serve the homeless;
and
WHEREAS, on February 28, 1995, The Planning Commission conditionally approved UP95-3, a time
extension to the 2 -year deadline of UP93-16 and also an extension to the Ritter Center hours of operation; and
WHEREAS, on September 14, 2004, the Planning Commission conditionally approved UP04-005,
amending UP95-3, to allow modifications to several Conditions of Approval, including reporting requirements
and eliminating the Use Permit expiration date requirement; and
WHEREAS, on November 14, 2011, the Ritter Center's Executive Director, Diane Linn, submitted an
application to amend Use Permit UP04-005 to: 1) allow the installation of a new 933 square foot medical trailer
in order to relocate the existing 600 square feet of medical office space in the Day Services Center; and 2)
increase the client caseload for the Day Service Center (DSC) from 40 clients/day to 65 clients/day (including
clients at the new medical trailer); and
WHERAS, upon review of the application, the project was determined to be exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing
Facilities) and Section 15311 (Accessory Structures); and
WHEREAS, the proposed project was reviewed by the City of San Rafael's Department of Public
Works, BuildingDivision/Fire Prevention Bureau, and the San Rafael Sanitation District and was recommended
for approval subject to conditions; and
WHEREAS, on February 14, 2012, the San Rafael Planning Commission held a duly -noticed public
hearing on the proposed project, accepting all oral and written public testimony and the written report of the
Community Development Department staff and closed said hearing on that date;
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Rafael does
hereby approve the Use Permit Amendment (UP 11-070) and Environmental and Design Review Permit (UP 11-
089) for the installation of a 933 square foot medical trailer at 12 Ritter Street and to allow an increase in the
client caseload limit for the DSC and medical trailer to a total of 65 clients/day, based on the following Findings
and subject to the Conditions of Approval below.
NOW, BE IT FURTHER RESOLVED, this new Resolution supercedes all conditions of approval in
Resolution 04-26, previously adopted by the Planning Commisison in 2004:
Exhibit 2
Use Permit (UP11-070)
Findings
1) The Ritter Center use, including the proposed Use Permit Amendment to relocate the medical clinic to a new
933 square foot trailer on site and increase the client caseload limit for the DSC and the new medical trailer
to 65 clients/day, continues to be in accord with the General Plan, the objectives of the Zoning Ordinance,
and the purposes of the Second/Third Mixed Use East (2/3 MUE) Downtown District in which the site is
located.
a. As discussed on Pages 4-5 of the February 14, 2012 Planning Commission staff report, the proposed
project is consistent with General Plan Policies LU -9 (Intensity of Non -Residential Development), LU -14
(Land Use Compatibility), NH -4 (Property Maintenance), NH -17 (Competing Concerns), NH -51
(Existing Business Areas), and CD -10a (Non -Residential Design Guidelines) in that: i) upon installation
of the new medical trailer, the proposed project site would have an FAR = .87 which is below the
maximum FAR allowed for the site (1.5 FAR); ii) the proposed use is an allowable use in the
Second/Third Mixed Use Land Use Designation; iii) The proposed new trailer would provide a better
space for the medical clinic and reduce the number of clients having to wait outside; iv) the Ritter Center
has been operating since 1981 and has worked with adjacent neighbors to address the challenges and
concerns regarding the impact of Ritter clients on adjacent businesses while still providing needed
services to the poor and homeless. The number of clients has increased steadily over the years and the
proposed increase to 65 clients/day for the DSC and the new medical trailer would be mitigated by better
site organization and client management; and v) the proposed new trailer has been designed with colors
and materials to match the existing buildings on the site; and
b. The proposed project is consistent the Zoning Ordinance in that medical clinics are conditionally
permitted uses in the Second/Third Mixed Use East (2/3 MUE) Zoning District and the Ritter Center is
currently operating under an approved Use Permit (UP04-005). The proposed Use Permit Amendment
would not introduce a new use, but simply relocate the existing approved medical clinic to a more
appropriately designed medical trailer space. The elimination of 5 existing parking spaces is allowed
because parking up to 1.0 FAR is provided by parking garages and surface lots in the Downtown Parking
Assessment District.
2) The proposed project, together with the conditions applicable thereto, would not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the
general welfare of the City in that:
a. The proposed project would relocate an existing use into a slightly larger space, but would not be an
substantial "expansion" of medical space because unlike the existing trailer, the new trailer is designed
with a waiting area;
b. The proposed hours of operation for the clinic (Monday through Friday, 9 am — 5 pm) has not been
increased and is less than the hours previously approved under Use Permit UP05-004, which allows
Ritter Center to operate from 6:00 am to 8:00 pm seven days a week. The proposed hours coincide with
typical hours for other business in the vicinity;
2
Exhibit 2
c. The proposed increase in the number of clients for the DSC and new medical trailer from the 40
clients/day limit per UP04-005, to 65 clients/day reflects current demand for services on the site. The
increase in client numbers is not the result of installing a new trailer on site, but has been an existing
condition for several years. The addition of a new trailer designed with a waiting area and better clinic
facilities would help alleviate much of the client back-up on site. The medical clinic would be relocated
from the DSC trailer into the new trailer, and the vacated medical space in the DSC trailer is proposed to
be used as offices for the Behavioral Health services staff. The Ritter Center is working with a space
planner to help redesign office space on the site to maximize efficiency. The goal is to create a better
space to manage clients throughout the day and reduce the number of Ritter clients on the surrounding
City streets adjacent to the project site. The proposed new trailer would improve client management on
site and therefore reduce client overflow forced to wait outside for appointments;
d. The Ritter Center will continue the established daily litter removal/site clean-up operations (as required
in UP04-005) to keep the streets near the project site clean;
e. The Ritter Center will continue implement their security program on site during operating hours to
maximize enforcement of Ritter Center client behavioral policies and ensure security on-site and in the
project area. Ritter has also updated client management policies to refuse services to clients who violate
appropriate behaviors agreements that impact neighboring businesses. The Ritter Center also has trained
staff to manage any difficult clients and works cooperatively with the San Rafael Police Department to
minimize impacts to adjacent properties;
f. No impact to neighboring businesses is anticipated from the proposed elimination of 5 on-site parking
spaces. The project site is in the Downtown Parking Assessment District, which provides parking for
sites up to a 1.0 FAR. The Ritter Center has on-going off-site parking arrangements to lease space at the
PG&E surface lot (on Lindaro Street between 2nd Street and 3rd Street). Ritter Center has secured 6
additional spaces in this lot to off -set the loss of the 5 on-site parking spaces proposed to be eliminated.
In addition, Ritter Center has access to parking spaces at the Annex building at 815 Third Street;
g. The City's Building/Fire Prevention Division has reviewed the project and developed conditions of
approval that would ensure that the use would operate in a manner as described and comply with all life
and safety code requirements. Additional review will be required upon submittal of a formal building
permit application; and
h. The project will not have a significant environmental impact, and is exempt from CEQA review per
CEQA Guidelines Article 19 Categorical Exemptions, Section 15301 (Existing Facilities) and Section
15311 (Accessory Structures) which exempts minor interior and exterior alterations to existing
structures, and the construction of minor structures accessory to existing commerical, industrial or
institutional facilities.
3) That the proposed project, as conditioned, complies with each of the applicable provisions of the Zoning
Ordinance, in that:
a. The project conforms to the requirements of Chapter 5 (Land Use Regulation for the 2/3 MUE Zoning
District) as a conditionally permitted use;
b. The project is consistent with the requirements of Chapter 18 (Parking), because no on-site parking is
required for sites up to 1.0 FAR located in the Downtown Parking Assessment District; and
c. The project applicant submitted a Use Permit Amendment application, requesting review of the
proposed new medical trailer and change in the client caseload limit to 65 persons/day total for the DSC
and new medical trailer on site.
3
Environmental and Design Review Findings
(ED11-089)
1) The proposed installation of a new 933 square foot medical trailer is in accord with the General Plan, the
objectives of the Zoning Ordinance and the purposes of this Chapter given that:
a. As documented in the Use Permit Findings la on Page 2 of this Resolution, the proposed project (as
conditioned) is consistent with General Plan Policies LU -9 (Intensity of Non -Residential Development),
LU -14 (Land Use Compatibility), NH -4 (Property Maintenance), NH -17 (Competing Concerns), NH -51
(Existing Business Areas), and CD -10a (Non -Residential Design Guidelines);
b. The proposed project (as conditioned) conforms to the objectives of the Zoning Ordinance Chapter 5
(Land Use Regulations), Chapter 18 (Parking), Chapter 22 (Use Permits) and Chapter 25
(Environmental Design Review Permits) as discussed on Pages 5-8 of the February 14, 2012 Planning
Commission staff report. The proposed new medical trailer would not be a new use but the relocation of
the existing approved medical service in the DSC trailer on site. The project site would eliminate 5 on-
site parking spaces, but the site is located in the Downtown Parking Assessment District and no on-site
parking is required. The proposed project is an amendment to a previously approved Use Permit and the
new trailer would not represent a substantial increase in services currently provided; and
c. The project has been reviewed by Planning staff for conformance with the applicable design criteria
established in Chapter 14.25 of the Zoning Ordinance and staff determined that the proposed new trailer,
as conditioned, would be compatible in color and materials with the existing buildings on site and would
help reduce client congestion on the site and surrounding vicinity, thereby improving the overall quality
of the streets in the surrounding neighborhood.
2) The project design, as conditioned, is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the Second/Third Mixed Use East (2/3MUE) Zoning District in which the site is
located given that:
a. The project is a conditionally approved use in the 2/3 MUE zoning district and has been operating under
an approved Use Permit since 1993;
b. The proposed siding color (Nimbus Gray) will blend in with the existing building colors on the site; and
e. The site has existing landscaping and trees along the front of the property and also several planter boxes
placed throughout the site. Design Review Permit Condition of Approval #4 and #5 require that all
existing landscaping (except the one tree proposed for removal) and planter boxes be maintained and that
new planter boxes be added to the north side of the new trailer.
3) The project design minimizes adverse environmental impacts given that:
a. The new trailer would improve client access to medical services on site and reduce the number of clients
waiting in the street for services;
b. The proposed project was reviewed by applicable City departments and no adverse environmental
impacts were identified;
4 Exhibit 2
c. The proposed project would be constructed in compliance with all applicable local, State and Federal
building codes and health and safety standards; and
d. The proposed project is Categorically Exempt from the California Environmental Quality Act pursuant
to Article 19 Categorical Exemptions, Section 15301 (Existing Facilities) and Section 15311 (Accessory
Structures) of the CEQA Guidelines.
4) That the project design will not be detrimental to the public health, safety or welfare, nor materially injurious
to properties or improvements in the vicinity in that:
a. The new trailer would improve client access to medical services on site and reduce the number of clients
waiting in the street for services; and
b. The Ritter Center staff would continue the litterThe Ritter staff will
Approval #8) and the security program (per Use Permit Condition of Approval #13)
also continue to coordinate with adjacent businesses and The City of San Rafael to explore ways to
reduce the impact from the homeless on the businesses in the vicinity.
Use Permit (UP11-070)
Conditions of Approval
1. This Use Permit (UP11-070)approves an amendment to a previously approved Use Permit (UP04-005)
and authorizes the relocation of the existing 600 square foot medical clinic in the Day Services Center
(DSC) trailer to a new 933 square foot trailer on the Ritter Center site. In addition to the medical clinic,
the following Ritter Center inventory of service (previously approved per UP04-005, and described on
page 2 of Exhibit 6 (Narrative Description Amendment, dated December 16. 2012, submitted by Diane
Linn, Executive Director for Ritter Center) will continue to be authorized at the Ritter Center as part of
this amended Use Permit:
• Case Management
• Behavioral Health
• Day Services
• Food Pantry
• Emergency clothing/Goodwill Gift certificates
• Seasonal programs (Thanksgiving and Christmas)
2. No food services and no full kitchen shall be allowedhabe sold for onsumptionin the existing ay lces Center on the premDesC) trailer
or the new medical trailer. No food of any kin
3. No overnight live-in use of the Ritter Center facility shall be allowed except one person functioning as a
night watch person.
4. Hours of operation for providing client services shall be from 6:00 am to 8:00 pm, seven days a week.
Evening use of the premises after 8:00 pm shall be limited to staff and Board meetings, and live-in
facilities for one night security guard.
5. Client caseload for the existing Day Services Center (DSC) trailer and services in the new medical trailer
are limited to a total of 65 clients/day, averaged over one week.
Exhibit 2
6. The applicant shall contact the Planning Division to request a final inspection, prior to the issuance of
the final building permit. The request for final inspection by the Planning Division shall require a
minimum of 48-hour advance notice.
7. All donated material shall be stored inside the buildings. No materials shall be stored at 12 Ritter Street
or in the parking lot at 815 Third Street, or behind the fences adjacent to the buildings at 12 Ritter Street
at any time. Any additional storage building proposed to be located on site must be approved by the
Planning Division before installation.
8. The Ritter Center shall continue to provide a litter control program to monitor and pick up litter within
the neighborhood area of the Center a minimum of three (3) times per week.
9. The applicant shall continue to provide notice to all employees, volunteers and clients stating that
parking shall not occur on adjacent private lots. The notice shall include a list of available public
parking lots.
10. All clients shall be given a copy of the rules and regulations to be read and signed by all incoming
clients. House Rules shall at a minimum include the following:
a. No clients will be admitted which in the judgment of the Ritter Center staff are under the influence of
alcohol or other substances
b. Violent or threatening behavior will not be permitted
c. Failure to comply with the rules may result in eviction from the program and the premises.
11. All clients shall continue to be screened for alcohol or drug use before receiving services and the
availability of services to clients shall be the decision of the operators of the Day Services Center (DSC).
12. Clients who cause a peace disturbance or endanger staff or other clients shall not be allowed to receive
services from the DSC. Readmission of evicted clients shall be based on established House Rules.
13. The DSC shall continue to maintain a security program during operating hours.
14. This Use Permit (UP 11-070) shall have no expiration date and shall run with the land and remain valid
regardless of any change of ownership of the project site, subject to these conditions, provided that a
building permit is obtained or a time extension request is submitted to the City's Community
Development Department within two (2) years of this approval or until February 14, 2014.
15. On-going compliance with all conditions of approval shall be required to keep the Use Permit
Amendment valid. This Use Permit (UP 11-070) maybe called to hearing at anytime by the Planning
Division in order to review compliance with the Conditions of Approval.
Environmental and Design Review Permit (ED11-089)
Conditions of Approval
Community Development Department - Planning Division
1. The proposed modular trailer shall be installed and designed in substantial conformance with the
proposed site plan and elevations as presented for approval on plans prepared by Fredric C. Divine
Associates, date stamped Approved, February 14, 2012, and shall be the same as required for issuance
Exhibit 2
of a building permit, subject to the listed conditions of approval. Minor modifications or revisions to the
project shall be subject to review and approval of the Community Development Department, Planning
Division. Modifications deemed not minor by the Community Development Director shall require
review and approval by the original decision making body. A copy of the Conditions of Approval for
ED11-089 shall be included as a plan sheet with the building permit plan submittal.
2. Approved colors are as shown on the approved color and material board. The approved color for the
exterior siding panels is Benjamin Moore Nimbus Gray (#2131-50). The approved window trim color is
Benjamin Moore Snow White (#OC -66). Any future modification to colors shall be subject to review
and approval by the Planning Division.
3. This Environmental and Design Review Permit (ED 11-089) shall be valid for two years from the date of
Planning Commission approval, or until February 14, 2014, and shall become null and void if building
permits are not issued, or an extension is not granted before that time. Once a building permit for the
proposed site improvements is issued within the two-year period, then the Environmental and Design
Review Permit shall become valid and run with the land and will not have an expiration date. On-going
compliance with all conditions of approval shall be required to keep the Environmental and Design
Review Permit valid.
4. Landscaping shall be maintained as shown on plans presented to the Planning Commission on March 23,
1993 and the City Council on April 19, 1993 (described as potted plants and vines) except as amended
on plans dated February 23, 2002, or alternate landscaping approved by the City of San Rafael. New
planter boxes shall be added to the north side of the new medical trailer. Additional potted plants may
be required to be added to the site, subject to Planning Division review. Prior to issuance of a building
permit, the applicant shall submit a landscape plan for review and approval by the Planning Division.
5. All existing planter boxes shall be preserved and/or relocated to other areas of the project site. All new
and existing landscaping shall be maintained in a healthy, and thriving condition, free of weeds and
debris. Any dying or dead landscaping shall be replaced in a timely fashion with new healthy stock of a
size compatible with the remainder of the growth at the time of replacement.
6. Prior to issuance of the Building permit, the applicant shall submit a roof venting plan to ensure all
mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not
entirely enclosed within the structure (on side of building or roof) are screened from public view. Prior
to issuance of the building permit, the method used to accomplish the screening shall be indicated on the
building plans and approved by the Planning Division.
7. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all
exterior lighting shall be subject to a 90 -day lighting level review by the Police Department and Planning
Division to ensure compatibility with the surrounding area.
8. The applicant shall contact the Planning Division to request a final inspection, prior to the issuance of
the final building permit. The request for final inspection by the Planning Division shall require a
minimum of 48-hour advance notice.
9. Construction hours and activity (including any and all deliveries) are limited to the applicable
requirements set forth in Chapter 8.133 of the San Rafael Municipal Code.
Exhibit 2
10. A copy of the Conditions of Approval for Environmental and Design Review Permit ED1I-089
shall be included as a plan sheet with the building permit plan submittal.
Community Development Department — Building Division
11. The design and construction of all site alterations shall comply with the 2010 California Residential
Code, 2010 California Building Code, 2010 Plumbing Code, 2010 Electrical Code, 2010 California
Mechanical Code, 2010 California Fire Code, 2010 California Energy Code, 2008 Title 24 California
Energy Efficiency Standards, 2010 California Green Building Standards Code and City of San Rafael
Ordinances and Amendments.
12. A building permit is required for the proposed work. Applications shall be accompanied by three (3)
complete sets of construction drawings to include: (larger projects require 4 sets of construction
drawings).
Fire Department - Fire Prevention Bureau
13. In addition to a building permit, the new trailer may be required to comply with fire sprinkler
requirements. For fire sprinklers, a deferred submittal from the building permit submittal may be
allowed. The deferred submittal would be made to the Fire Prevention Bureau.
14. A Knox Box is required at the primary point of response to the building.
15. A tent permit may be required for the existing temporary tent between the Bouchard Building and the
Day Services Center. The City's Fire Prevention Bureau staff will review the tent as part of the formal
building permit application process. Any permanent tent or canopy would require a building permit.
16. Fire lanes must be designated; painted red with contrasting white lettering stating "No Parking Fire
Lane" A sign shall be posted in accordance with the CFC Section 503.3.
Department of Public Works- Land Development
17. A grading permit is required from the City of San Rafael, Department of Public Works.
18. Include and make part of the project plans, the sheet noted "Pollution Prevention — Its part of the plan."
Copies are available on the City of San Rafael website www.cityofsanrafael.orsz.
San Rafael Sanitation District
19. Provide a plan demonstrating how the restroom in the new modular trailer will be connected to a sewer
line.
20. If future modifications include a new sewer lateral, submit Civil/Utility plans that comply with the San
Rafael Sanitation District Standard Design requirements for our review.
Exhibit 2
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission
held on the 14th day of February 2012.
Moved by Commissioner
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
and seconded by Commissioner as follows:
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Paul A. Jensen, Secretary Viktoriya Wise, Chair
9
Exhibit 3
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VIM
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN
AMENDMENT TO A PREVIOUSLY APPROVED USE PERMIT (UP04-004) TO ALLOW
MODIFICATIONS TO CONDITIONS OF APPROVAL FOR THE RITTER CENTER
LOCATED AT 12 AND 16 RITTER STREET
(APNS 011-272-04 AND 13)
WHEREAS, on April 1993, the San Rafael City Council conditionally approved a Use
Permit and Environmental and Design Review Permit to allow a homeless center known as
"Human Concern Center" to be located at 12/16 Ritter Street; and
WHEREAS, on February 21, 1995, the San Rafael Planning Commission reviewed a
request for a time extension to the previously approved Use Permit and approved the Use Permit
time extension without an expiration; and
WHEREAS, on Febraury 6, 2004, Ritter Center submitted an application to amend two of
the conditions of approval of the Use Permit (UP95-03) as well as provide an update to the
Planning Commission on their operations, including complaince with all other conditions of
approval; and
WHEREAS, the' project would be exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilites) of the CEQA
Guidelines which exempts permitting of existing facilites involving no expansion of use in that
this facility would coninue to operate within a scope as was previously approved with no changes
to the intensity of the use, hours of operation, or number of clients; and
WHEREAS, on September 14. 2004, the City of San Rafael Planning Commission held a
duly -noticed public hearing on the proposed Prezoning, accepting all oral and written public
testimony and the written report of the Community Development Department staff; and; and
NOW, THEREFORE, BE IT RESOLVED, the Planning Commission makes the
following findings related to the Use Permit amendments:
Findings
1. The Ritter Center use, including the modifications to the conditions of approval, continue to
be in accord with the San Rafael General Plan 2000, the objectives of the Zoning Ordinance,
and the purposes of the Second/Third Mixed Use (2/3 MUE) District in which the site is
located given that the office/day service center use is consistent with the Second/Third Mixed
Use land use designation as identified in Policy LU 13(n). The proposal is also consistent
with the goals and policies -of the General Plan including Policies LU -14 (Intensity of
Commercial Development) and LU -37 (Local Employment) in that this project would not
create any new development and therefore is within the allowable commercial intensity,
provides primary healthcare to ensure the well being of the homeless community, and
1
EXHIBIT 5
provides employment and career counseling services for the homeless community in San
Rafael and Marin County to assist them in gaining employment. Furthermore, the proposed
amendments to the conditions of approval of the Use Permit are consistent with all provisions
set forth in the San Rafael Zoning Ordinance.
2. The proposed use, together with the conditions applicable thereto, will not be detrimental to
the public health, safety or welfare, or materially injurious to properties or improvements in
the vicinity, or to the general welfare of the City of San Rafael given that: a) the Use Permit
was originally granted 11 years ago and has been in operation since with no significant
complaints being received by the Planning Division; b) the proposed amendments were
reviewed by the San Rafael Police Department and found to. be reasonable given the history
of the use and were recommended for approval; c) additional measures above those required
by the conditions of approval have been implemented by Ritter Center that have addressed
many of the issues that resulted -in the existing conditions of approval. These additional
measures include addition of the gate at the perimeter of the site, adoption of a good neighbor
policy that is required to be signed by all users of the site, and discontinuance of accepting
curbside donations. The Planning Commission further based this finding on the facts and
analysis in the staff report to the Planning Commission.
3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance
and the proposed use is in accord with the objectives of the Second/Third Mixed Use East
(2/3 MUE) District in which the site is located given that: a) day service centers are
conditionally permitted uses in the 2/3 MUE District and a Use Permit has been obtained in
accordance with the requirement of the Zoning Ordinance; b) the changes proposed to the
conditions of approval continue to be consistent with the Zoning Ordinance in that none of
the changes would impact the site development standards or parking requirements.
BE IT FURTHER RESOLVED, that the Planning Commission approves the Use Permit
subject to the following conditions:
Conditions of Approval
The Use Permit UP04-005
en-Ao1Eh 23993 approves an amendment to a previously
approved Use Permit (UP95-03)
authorizing, a Day Service Center (DSC) in a trailer building. This use is not approved for
food services and no full service kitchen shall be provided on the site. No food of any kind
shall be served for consumption on the premises, and no overnight live-in use of the facility
shall be allowed except by one person functioning as a night watchperson. (Modified by PC
9/14/04)
2. Hours of operation for providing client services shall be from 6:00 a.m. To 8:00 p.m., seven
days a week. Evening use of the premises after 8:00 p.m. shall be limited to staff and board
meeting and live in facilities for one night security guard.
EXHIBIT 5
I All donated material shall be stored inside the buildings. No material shall be stored in the
parking area of in the area behind the fence adjacent to the building at any time. Any
additional storage building proposed to be located on the site must be approved by the
Planning DepaAment Division before installation. (Modified by PC 9/14/04) .
5. The. Numan C - Ritter Center shall continue to provide a litter program to monitor and
pick up littler within the neighborhood area of the Center a minimum of three times a week.
(Modified by PC 9/14/04)
6. The applicant shall continue to provide notice to all employees, volunteers and clients stating
that parking shall not occur on adjacent private parking lots. The notice shall include a list of
available public parking lots.
7. Client caseload or the DSC shall continue to be limited to 40 visits per days, averaged over
one week. The Haman-CE)neem Center shall sOmit to the pI
(Modified by PC 9/14/04) b V
8. All clients shall continue to be given a copy of the rules and regulations to read and signed by
all incoming clients. House rules shall at a minimum include the following:
a) No clients will be admitted which in the judgment of the .14G Ritter Center staff are
under the influence of alcohol or other substances.
b) Violent or threatening behavior will not be permitted.
c) Failure to comply with the rules may result in eviction from the program and the
premises.
9. All clients shall continue to be screened for alcohol or drug use before receiving services and
the availability of services to the clients shall be the decision of the operators of the DSC.
10. Clients who cause a peace disturbance or endanger staff or other clients shall not be allowed
to receive services from the DSC. Readmission of evicted clients shall be based on
established house rules.
11. The DSC shall continue to maintain a security program during operating hours.
3
12. Landscaping shall be maintained as shown on plans presented to the Planning Commission
on March 23, 1993 and the City Council on April 19, 1993, except as amended by additional
or alternate landscaping anproved by the City of San Rafael (Modified by PC 9/14/04)
13. This Use Permit is granted with no expiration date. The Use Permit may be called to hearing
at anytime by the Planning Departfimnl Division in order to review compliance with the
conditions of approval. (Modified by PC 9/14/04)
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael
Plarming Commission held on the 14th day of September 2004.
Moved by Commissioner Scott and seconded by Commissioner Paul
AYES: COMMISSIONERS Atchison, Lang, Paul, Scott and Chair Alden
NOES: COMMISSIONERS None
ABSENT: COMMISSIONERS Kirchmann and Whipple
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Robert M. Brown, Secretary Alden, Chair
4 EXHIBIT 5
RECEIVED
TO: Planning Department, City of San Rafael DEC 19 2 Q 1 1
FR: Diane Linn, Executive Director, Ritter Center PLANNING
RE: Narrative Description Amendment to Updated Use Permit for Ritter Center,
16 Ritter Street, San Rafael, Ca
Date: 12/16/11
Ritter Center has been working hard to meet the challenge of the increasing demand for services
to our community's most vulnerable. The economic recession, cost of living in Marin and our
new strategic direction to significantly reduce chronic homelessness has increased activity here.
We have developed an integrated system of care with the goal of improving conditions and
getting people off of the streets once and for all, thus reducing the impact to the entire
community and saving public safely and emergency health care resources.
To this end, Ritter Center has recently received a federal grant and Federally Qualified Health
Center status that will allow us to improve our medical, behavioral health, and homeless
services. We are requesting approval for an amendment to our current use permit to allow the
safe and appropriate placement of a new temporary portable clinic building in the current parking
lot of the Ritter Center per the attached site plans.
This addition of 933 square footage of specially designed health clinic space will be co -located
yet distinctly situated from our other holistic wrap-around support services. This project will
improve our clinic services by separating it from our Day Service Center where clients come for
shower and laundry services. The new clinic will have a separate entrance and waiting room for
patients. Additionally, this will increase the Day Service Center waiting room area so that fewer
clients will have to wait outside for Day Center services.
The Marin Helpers program has moved to the Canal Alliance and no longer operates out of Ritter
Center and the clothing program has been reduced significantly because of our partnership with
Goodwill Industries.
The addition of this temporary portable building and proposed amendment to the Use Permit has
been reviewed and approved by our Landlord who signed the application form.
Submittal Information
Square footage: The square footage of all current buildings at 12/16 Ritter Street is 4,466
square feet (Victorian House 2,404; Brochard Building 1024 and Day Service Center and current
clinic 1,138). The annex across the street at 815 Third St is 1,857 square feet. The proposed new
temporary portable clinic building is 933 square feet. (note: the square footage numbers are
being confirmed to accuracy by the architecture firm)
Page 1 of 3 11/11/11 — Updated 12/1/11 Final 12-16-11
Exhibit 6
Days/hours: Monday through Friday (some limited Saturday hours for special clinic hours for
women is possible in the future), 9 am to 5 pm.
Number of employees: 4 full time equivalent employees (including nurse practitioners) and an
additional .2 FTE Medical Director will work in the new clinic building. For all of Ritter
Center's services, there are a total of 20.5 FTE positions.
Number of persons: The new clinic building has a maximum occupancy of approximately 15-
20 people. It will have waiting room space for up to 12 clients.
The full inventory of services provided by Ritter Center is as follows: Case Management
(including helping clients secure housing, benefits, rental and other assistance, representative
payee financial management, working with those coming out of jail back into the community,
etc), Health Clinic (including primary/urgent care, specialty care coordination, medical and
psych evaluations for General Assistance, health insurance enrollment and working with those
coming out of the hospital), Behavioral Health (mental health and substance abuse counseling),
Day Services (showers, laundry, restrooms, mail services), food pantry, emergency clothing and
Goodwill gift certificates, seasonal programs (Back to School supplies, Thanksgiving and
Christmas food and gifts).
The average number of clients seeking case management and showers or laundry at our Day
Service Center for the week of 10/31/11 — 11/4/11 was 50, a fairly representative week from
2011. The average number of clients visiting Ritter Center during this same week for all services
available as described in the previous paragraph is higher — an average of 130 each day. This is
mostly due to the number of housed families seeking groceries at our food pantry. The number of
chronically homeless seeking services has remained close to pre -recession levels and is actually
much more manageable now thanks to the presence of an increased number of case managers,
therapists and health professionals to intervene with and assist clients.
The 815 Third Street building — now internally referred to as The Annex -- has received a new
temporary use permit for the REST Program shelter pick up. Activity has been limited to 4 part-
time employees (BWELL, Rep. Payee and Transition to Wellness staff) and meeting space.
Because of the lack of private offices we don't expect a significant amount of client activity in
the building. It is open during normal week day hours as needed. We have put a lot of effort into
cleaning up the space, providing window coverings and internal paint and repairs. We have a
standard lease with Mrs. Margaret Oakley who has been very happy to have us there and a
building permit in place.
Restroom Facilities: The new clinic will have an ADA accessible restroom. The Day Service
Center has three restrooms. The Annex at 815 3rd St has one restroom. There are also two
restrooms in the main Victorian house, one on the ground floor and another on the second floor.
Trash/litter control measures: Ritter Center has trash receptacles in all offices and spaces
including an appropriate disposal system for medical waste (picked up by a licensed handler).
Page 2 of 3 11/11/11 —Updated 12/1/11 Final 12-16-11
Exhibit 6
Large trash dumpsters are located on the premises. Volunteers sweep and clean the center lot
and sidewalk each week day. Special efforts to keep the City property outside our gates are
made each week day as well. Ritter Center has not accepted curbside materiel donations for
more than five years. "No Dumping" signs are clearly posted outside our gate. Infrequently, a
resident will ignore these signs and leave bags of materiel donations outside the gate at night
after the agency has closed. When this occurs, the materiel is removed the subsequent business
day between Sam and 9am.
Storage: Ritter Center has adequate storage both on and off-site for items related to our services
and business systems. Limited client property storage is allowed in 21 secure lockers, which are
accessible only during office hours and which are inspected and managed by the staff.
Parking Management: Ritter Center currently has twelve onsite parking spaces for designated
staff, including the parking lot at the Annex at 815 Third Street. Remaining staff members who
drive to work park at an off-site permit lot operated by the San Rafael Business Improvement
District on Lindaro Street between 3rd and 2nd Streets, one block away from the agency. Most
clients arrive on foot, bike or take public transportation and are not allowed to park on site.
The six parking spaces displaced by the new building will be replaced by adding six permitted
parking spaces in the Lindaro lot. Ritter Center's commercial truck will be parked on the east
side of the house in the driveway. One ADA designated space is in place and will remain intact.
The driveway area will continue to accommodate delivery — loading and unloading of food,
supplies and accepted donations.
Proposed Signage: The overall signage at Ritter Center will not change. A sign will be placed
on the new portable building identifying it as a Health Clinic and indicating its hours of
operation.
Security and public safety measures: Ritter Center has a strong history of managing people
with complex issues and conditions in a safe manner by establishing a safe and respectful
environment. The staff is trained to de-escalate disruptions and client management strategies are
continuously evaluated and improved. Our partnership with local police has resulted in no
incidents or accidents beyond minor altercations. Client manage strategies are being developed
and employed including coordination with the Police Department and other community partners
to minimize impact to the neighbors and overall community
Interior modifications to the building relevant to the proposed use: The new temporary
portable clinic is specifically designed to meet the licensing requirements of an FQHC clinic,
ADA regulations, as well as fire and building codes. It will be a new (never used) unit
specifically designed for its purpose.
Project Plans/Site Photos and Fees
The requested site plans, floor plans, site photos and a check for the fees are already submitted.
Page 3 of 3 11/11/11 — Updated 12/1/11 Final 12-16-11
Exhibit 6
RECEIVED
Ritter Center History & Overview FEB 02 ?N
PLANNING
In the early 1970's, a federally mandated Families and Children Committee was commissioned
by the Marin County Welfare Department to determine the needs of low-income people and to
then implement supportive services. Services envisioned by the committee emphasized the
necessity of providing for the emergency needs of families and individuals. These services were
eventually established and funded in 1976 through Community Action Marin (CAM).
When "War on Poverty" money diminished, the CAM Emergency Services Program stood to be
disbanded. CAM and the Volunteer Center of Marin solicited support through the community's
congregations and were instrumental in organizing a group of volunteers to form a Board of
Directors who incorporated as the Human Concern Center of Marin in 1980. Our name was
changed to Ritter House in 1996.We changed our name again in April 2003 and are now
officially known as Ritter Center.
Ritter Center is a community-based organization. Ritter Center is the first point of entry for
accessing services and resources for many of the homeless and working poor members of the
Marin community. Ritter Center is a front line service provider, providing for basic subsistence
needs such as food and clothing. Beyond these needs we provide: primary healthcare, warm
showers, restrooms, laundry facilities, a variety of emergency financial assistance, mental health
and drug and alcohol counseling, case management, housing placement and support, general
mail delivery and private voice mail boxes. Geographic eligibility requirements exist for our
food and financial assistance programs.
Services are open to anyone in need and all are welcome at Ritter Center. Our mission is "To be
a strategic leader partnering with the community to foster self-sufficiency for low-income
families and to end homelessness in Marin County. " Our services are delivered with respect and
compassion and without judgment. Our goal is to offer a helping hand to people in need and a
hand -up to people ready to take that next step.
Ritter Center staff receives training on a variety of topics to remain current with state of the art
practices to ensure valuable communication linkage to aid in agency operation.
Ritter Center believes in collaboration and partnership working with over 20 county and
community agencies and link to their services to further assist in meeting their multiple needs.
The Ritter Center Board of Directors is a talented and dedicated group of professionals who give
generously of their time in helping govern the agency. To accomplish this task, they commit to
volunteer hours each month for both Board of Directors and Board Committee meetings and
assist and consult on special projects involving their areas of expertise.
Ritter Center is fortunate to have a substantial volunteer workforce who significantly augments
our paid staff composition. Volunteers who commit to regularly scheduled work shifts in various
programs throughout the agency and those who contribute their time, talents and energy to our
special event fundraisers.
EXHIBIT 7
�G�_ NOTICE OF PUBLIC HEARING - PLANNING COMMISSION
U You are invited to attend the Planning Commission hearing on the following proposed project:
PROJECT: 12 Ritter Street (Ritter Center) — Request(s) for a Use Permit amendment (UP04-005) and Environmental and Design Review
Permit to allow the installation of a new 933 square foot modular trailer on site. The trailer would house a medical clinic (currently operating in
an existing 1,038 square foot on-site trailer) and would operate Monday through Friday, 9 am -5 pm, and limited hours on Saturdays from 9 am
to noon. The trailer would eliminate 5 on-site parking spaces. No other changes to the site are proposed. APN: 011-272-13; Second/Third
Mixed Use East (2/3 MUE) District; Velma Bottarini, owner, Diane Linn, Ritter Center, applicant; File No(s): UP11-070/ED11-089.
As required by state law, the project's potential environmental impacts have been assessed. Planning staff recommends that this project will not have a
significant effect on the environment and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15311
(Accessory Structures). If the Planning Commission determines that this project is in an environmentally sensitive area, further studies may be required.
MEETING DATE/TIME/LOCATION: Tuesday, February 14, 2012, 7:00 p.m. City Council Chambers, 1400 Fifth Ave at D St, San Rafael, CA.
FOR MORE INFORMATION: Contact Caron Parker, Project Planner at (415) 485-3094 or caronparker@cityofsanrafael.org. You can also
come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from
8:30 a.m. to 5:00 p.m. on Monday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday, Wednesday and Friday. You can also view the staff
report after 5:00 p.m. on the Friday before the meeting at htti)://www.cityofsanrafael.org/meetings
WHAT WILL HAPPEN: You can comment on the project. The Planning Commission will consider all public testimony and decide whether to
approve or deny the application.
IF YOU CANNOT ATTEND: You can send a letter to the Community Development Department, Planning Division, City of San Rafael, P. O.
Box 151560, San Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting.
At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing
(Government Code Section 65009 (b) (2)).
Appeals of decisions by the Planning Commission to the City Council shall be made by filing a notice thereof in writing with the required fee to the Planning Division of the Community
Development Department within 5 working days of a decision involving Title 14 (Zoning) (SRMC Section 14.28.030) or within 10 calendar days of a decision involving Title 15
(Subdivisions) (SRMC 15.56.010).
Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3085 (voice) or (415) 485-3198 (TDD) at least 72 hours in advance. Copies of
documents are available in accessible formats upon request.
Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para -transit is available by calling Whistlestop Wheels at (415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products.
EXHIBIT 8