HomeMy WebLinkAboutZoning Administrator Hearing 2023-08-30 Minutes
SAN RAFAEL ZONING ADMINISTRATOR
REGULAR HEARING
August 30, 2023
Minutes and Notice of Decision (Pursuant to San Rafael Municipal Code 14.28.050)
10:00 – 10:10am 1
.
1031 C Street - Request for a Determination of Public
Convenience or Necessity associated with the issuance of a type
41 (“On-sale Beer and Wine”) Alcoholic Beverage Control (ABC)
License to sell as a party venue for Private events on weekend
afternoons; APN: 011-205-05; T5N 40/60 District; Wong Connie,
Owner; Davin Westberg, Applicant; File No: PCN23-001
(PLAN23-079)
Project Planner: Michaela O’Brien
SITE DESCRIPTION
The subject site is located on C Street between 4th and 5th Street. The lot on a minor
slope, approximately 9,455 square feet in size, and is developed with a single 9,500
square foot building. Both the General Plan Land use designation and zoning
classification is T5N 40/60.
PROJECT DESCRIPTION
The proposed alcohol beverage sales of on-site beer and wine are proposed for events
such as private to be held on site. There are no other proposed changes to 1031 C
Street, Fox & Kit location.
The State Alcohol Beverage Control (ABC) is requiring a Type 41 license (On-Sale Beer
and Wine) for the proposed use and is requiring the City of San Rafael provide a
Determination of Public Convenience or Necessity (PCN) due to the concentration of
existing Type 41 licenses already issued for the census tract which incorporates the
site.
BACKGROUND/PRIOR APPROVALS
The applicant proposes to continue operation of Fox & Kit Indoor playground and coffee
shop which was approved for a Conditional Use Permit at the Zoning Administrator level
in 2017. January 2023 the site was approved for an Administrative Use Permit for a
food service establishment with alcohol sales as per Downtown San Rafael Precise
Plan and Form-Based Code Table 2.3.070.
PUBLIC HEARING
On August 30, 2023, a Zoning Administrator meeting was convened for this Public
Convenience or Necessity (PCN23-001). The Acting Zoning Administrator for this
meeting, Michaela O’Brien, opened the meeting at 10:00 am.
A. Applicant presentation
B. Public Comments
None.
C. ZA discussion
The Zoning Administrator Approve the project.
These conditions of approval are listed below and included as part of the Zoning
Administrators decision. As such the request for a Public Convenience or Necessity for
on-sale of Beer and Wine was Approved.
The meeting was adjourned at 10:10 am.
FINDINGS
On August 17, 1998, the City of San Rafael adopted a resolution (City Council Resolution
No.10299) identifying the review criteria for determination or finding that ABC’s issuance
of a liquor license to the applicant, doing business as “Peru Groceries Distributors”, would
serve a public convenience or necessity. In summary, there are seven criteria that are to
be considered by the City as part of its determination whether public convenience or
necessity would be served by the issuance of a liquor license.
This PCN Resolution prescribes that the City is to consider the seven criteria as part of
their review but does not mean that all seven criteria are mandatory. The intent of the
review criteria is to consider the specific request for a PCN, determine whether there
would be a public convenience or necessity served by the issuance of that specific liquor
license for the census tract where the site is located, and consider the request considering
the review criteria. Staff analysis of each review criteria follows below:
Criteria 1:
Whether the issuance involves an existing business with a license which is being
transferred to a new location, and which will not result in an increase in the total
number of off-sale retail liquor licenses or on-sale retail licenses in the City or in
the census tract in which the business would be located.
Finding: The project proposes to add the sale of beer and wine to an existing business,
which would increase the total number of on-sale Type 41 licenses in the census tract
where the site is located.
Criteria 2:
Whether the business, by reason of its location, character, manner or method of
operation, merchandise, or potential clientele, will serve a segment of the City’s
business or residents not presently being served.
Finding: The business is a specialty indoor playground and coffee shop which is not
otherwise found in other coffee shops. The business will only have sales during times of
privately held events.
Criteria 3:
Whether the business will be located within a 1,000-foot radius of incompatible
facilities, such as public and private schools, day care centers, churches, parks,
homeless shelters, and alcoholic rehabilitation centers, and facilities designed and
operated to serve minors.
Finding: The site is located within 1,000 feet of several known ‘incompatible facilities’, as
defined above; however, these facilities are already within a 1,000-foot radius of other
businesses with Type 41 ABC licenses. Additionally, the PCN application (PCN23-001)
was noticed to all property owners and occupants within a 500-foot radius of the site and
staff has received no public comments in opposition, but has received support, on the
proposed PCN as a result of noticing.
Criteria 4:
Whether the location of the license will be in a crime data area covered by Police
Department statistics, which has a twenty percent (20%) greater number of
reported crimes than the average number of “reported crimes” for all crime data
areas in the City, over previous year. For this purpose, “reported crimes” means
reported offenses of criminal homicide, forcible rape, robbery, aggravated assault,
burglary, larceny theft, and motor vehicle theft, combined with all arrests for other
misdemeanor or felony crimes, except for traffic citations.
Finding: Captain. Roy Leon of the San Rafael Police Department (SRPD) provided an
email approving the PCN based on previous “crime statistics in Area 7”, within the
boundaries of Census Tract 1110.00, which indicated a 0% change in the number of
“reported crimes” taken from 2021/2022 to 2022/2023 (65 “reported crimes” in 2021/2022;
65 “reported crimes” in 2022/2023) and a 26% decrease in the number of arrests (136
arrests in 2021/2022; 101 arrests in 2022/2023). Of these “reported crimes,” none
occurred at the subject site.
Criteria 5:
Whether the issuance of the license involves an existing business, which has been
located at a site which has had three or more reported crimes defined in (4) above
within the previous one-year period.
Finding: As indicated in Criteria 1 Finding above, the project proposes to continue the
existing use of an Indoor Playground and Coffee Shop at the site with the added service
of beer and wine sales. The SRPD has reviewed past “reported crimes” records for both
the census tract and the site and found that no reported crimes have been reported at the
site in the previous one-year period.
Criteria 6:
Whether the issuance of the license will promote the goals and policies of the City’s
adopted General Plan, any applicable specific plan, or any similar policies that have
been formally adopted by the City Council.
Finding: Granting of the requested PCN is in accordance with the City of San Rafael General
Plan 2040, including, Economic Vitality Policies EV-1.4 – Business Retention and Support, EV-
1.11 – Economic Resilience, and EV-2.2 – Promoting Local Purchasing which seek to retain
and support businesses that contribute to the economic vitality and help San Rafael support a
broad and heathy range of businesses.
Criteria 7:
Whether any other information supplied by the applicant, or other competent evidence
shows that public or necessity will be served by issuance of the license.
Finding: After considering the review criteria above, the Community Development Director
Designee (CDDD) has determined that a public convenience would be served by the
issuance of a Type 41 (“On-Sale Beer and Wine”) ABC license which would allow the
existing business to supply specialty services to City residents. Staff also finds that this
determination that public convenience or necessity will be served by the issuance of a
Type 41 ABC license involves no expansion of the existing site and is, therefore, exempt
from the California Environmental Quality Act (CEQA), pursuant to Section 15301
(Existing Facilities) of the CEQA Guidelines.
ACTION TAKEN: On August 30, 2023, the Zoning Administrator Approved the
requested Public Convenience or Necessity (PCN23-001) subject to the Findings
above.
This Notice of Zoning Administrator decision is provided in compliance with SRMC
Section 14.28.050 - Notice of decision. Any aggrieved party may appeal this decision
pursuant to SRMC Section 14.28.030 - Filing and time limit of appeals, by submitting a
letter of appeal and the appropriate fees within five (5) working days of the date of
approval, or by September 7, 2023, at 4:00 p.m. This approval shall become effective at
the end of the appeal period.
Once a permit approval has been implemented/established in compliance with all City
requirements, it shall run with the land and be valid for the period specified, e.g., duration
of the project/use.
ZA Minutes and Notice of Decision
August 30, 2023
1031 C Street
PCN23-001 (PLAN23-079)
6
08/30/2023
PLANNER, Acting Zoning Administrator Date