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HomeMy WebLinkAboutZoning Administrator Hearing 2025-02-12 Agenda PacketZoning Administrator Hearing
Wednesday, February 12, 2025
10:00 AM
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Community Development Small Meeting
Room, San Rafael City Hall
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San Rafael, CA 94901
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Agenda
1. 440 Smith Ranch Road, PCN
Public Convenience or Necessity (PCN) findings to grant a Department of
Alcoholic Beverage (ABC) type 40 and 42 license(s) at “Flyte” Racquet Club;
APN: 115-230-12; San Rafael Airport Planned Development District (PD1909 -
WO); PLAN24-176 / PCN24-002
2. Adjournment
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Community Development Department –
Planning Division
Meeting Date: February 12, 2025
Project Number(s): PLAN24-176 / PCN24-002
Project Planner:
Jose M. Herrera-Preza, Principal Planner
Agenda Item: 1
REPORT TO ZONING ADMINISTRATOR
SUBJECT : 440 Smith Ranch Road. Public Convenience or Necessity (PCN) findings to grant a
Department of Alcoholic Beverage (ABC) type 40 and 42 license(s) at “Flyte”
Racquet Club; APN: 115-230-12; San Rafael Airport Planned Development District
(PD1909-WO); PLAN24-176 / PCN24-002
EXECUTIVE SUMMARY
Pursuant to San Rafael Municipal Code (SRMC) Section 14.22.080, City Council Resolution 10299,
and City Council Resolution 13479 outline the approval of the Master Use Permit permitting the sale
of alcoholic beverages and identify the review criteria for all off-sale or on-sale liquor license
applications that require a local determination of public convenience or necessity as a condition of
issuance of the ABC license due to over concentration of licenses within the census tract . Therefore,
a Zoning Administrator Use Permit is required to make a decision to find public convenience or
necessity will be served upon consideration of the criteria established in the findings.
PROJECT DESCRIPTION
The application consists of a request to add an Alcoholic Beverage Control (ABC) license type 40
and 42 to “Flyte” Racquet Club at the San Rafael Airport Sports Center. Pursuant to City Council
Resolution 13479 the site was granted a condition of approval (No. 50) to have beer and wine
beverage service at the facility pending an ABC license. Planning entitlements ED05-015/UP05-08
specifically considered the activity as an ancillary use to a café/dining food service area and limited
alcohol consumption to specific areas of the facility. The applicant intends to comply with the
limitations imposed in the condition of approval.
FINDINGS
Findings for Public Convenience or Necessity Permit (PCN24-002)
CEQA Finding
Yes VALID
Section 15162 (Previously approved
Environmental Impact Report “EIR”) (2) If the
agency finds that pursuant to Section 15162, no
subsequent EIR would be required, the agency
can approve the activity as being within the
scope of the project covered by the program
X YES On Dec. 12, 2012, the City Council by adoption of
resolution no. 13477 certified the San Rafael
Recreational Facility Project FEIR. State Clearing
House (SCH) No. 2006012125. The project is
consistent with the program EIR as there is no
physical expansion or changes to the developable
area.
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EIR, and no new environmental document
would be required.
Public Convenience or Necessity (City Council Reso.10299)
Yes No
Finding 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.
X The proposal will add the on-site sale and consumption of beer
and wine to an existing business. The number of ABC licenses in
census tract 1060.01 would increase from 10 to 11. The census
tract is allowed 10 ABC license any additional license would deem
the census tract over-concentrated and required PCN findings.
Finding 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.
X The San Rafael Airport Sports Center is a specialty indoor/outdoor
athletic facility with ancillary uses such as café’s and limited-service
restaurants. The applicant will comply with the existing conditions
of approval previously imposed UP05-08 and will only have sales
during times of the kitchen is open and consumption limited to
areas outlined in the condition of approval.
Finding 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.
X The site is located within 1,000 feet of McInnis Park which is listed
as an ‘incompatible facilities’, as defined; however, these facilities
are already within a 1,000-foot radius of other businesses with
ABC licenses.
Finding 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.
The application and materials were routed for review by the San
Rafael Police Department. Captain Roy Leon of the San Rafael
Police Department (SRPD) provided an email approving the PCN
based on previous “crime statistics in Area 54”, within the
boundaries of Census Tract 1060.01, which indicated an increase
of two crimes, compared to 2023. Nonetheless, when compared
to the overall stats from this area to all other crime data in the city,
this area does not have a 20% greater number of reported crimes.
Furthermore, of these “reported crimes,” none occurred at the
subject site.
Finding 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.
As indicated in Criteria 1 Finding above, the proposal will add an
ABC license to an existing café located within the facility. 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.
Finding 6
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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.
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.
Finding 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.
The addition of beer and wine to a café or limited-service
restaurant within a recreational facility will be accessory in nature
and a public convenience. With the established conditions of
approval limiting the sale and consumption of alcohol only during
the time the kitchen is open and further limiting the areas of
consumption, the applicant has supplied information that the
granting of the license will be in accord with all applicable
regulations.
CONDITIONS OF APPROVAL
Conditions of Approval Resolution No. 13479/ED05 -15/UP05-08 shall remain in effect.
1. Approved Use. This Public Convenience or Necessity Permit allows for a Type 40 and 42
license at the site subject to the Department of Alcohol and Beverage Control (ABC)
regulations.
2. Hours of Operation. The non-aviation hours of business are limited to the hours of 7:00 A.M.
to 6:00 P.M., Monday through Saturday, excluding holidays. Operation of these businesses,
other than routine office work or other non-noise generating interior work, is not permitted
outside the prescribed hours.
3. Plans and Representations Become Conditions . Except as modified by these conditions of
approval, all information and representations, whether oral or written, as presented for
approval on plans, submitted 11/6/2024 and on file with the Community Development
Department, Planning Division, shall be the same as required for the issuance of a building
permit, except as modified by these conditions of approval. Minor modifications or revisions
to the project shall be subject to review and approval by Planning staff. Modifications deemed
not minor by the Community Development Director may require review and approval as an
amendment to this Use Permit by Planning staff.
4. Subject to All Applicable Laws and Regulations . The approved use and/or construction is
subject to, and shall comply with, all applicable City Ordinances and laws and regulations of
other governmental agencies. Prior to construction, the applicant shall identify and secure all
applicable permits from the Building Division, Public Works Department and other affected
City divisions and departments. (SRMC §14.16.225.B.1).
5. Revocation. The City reserves the right to bring this application up for revocation per SRMC
14.21.150 and as provided in Chapter 14.29 of the San Rafael Zoning Ordinance for any use
that is found to be in violation of any of these conditions of approval.
6. Permit Validity. This Permit shall become effective on February 20, 2025 and shall be valid
for a period of two (2) years from the date of final approval or February 20, 2027, and shall
become null and void if a building permit is not issued or a time extension granted by
February 20, 2027. A permit for the construction of a building or structure is deemed
exercised when a valid City building permit, if required, is issued, and construction has
lawfully commenced. A permit for the use of a building or a property is exercised when, if
required, a valid City business license has been issued, and the permitted use has
commenced on the property.
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PUBLIC COMMENT
Notice of hearing for the project was conducted in accordance with noticing requirements contained
in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners
and occupants within a 300 -foot radius of the subject site and all other interested parties, 20 calendar
days prior to the date of this hearing. No public comment has been received by the date of this staff
report.
RIGHT TO APPEAL
This decision is final unless an appeal is filed within five (5) working days of the decision being
contested. Appeals shall be made in writing and shall set forth the grounds for the appeal.
Appeals shall be accompanied by the required filing fee.
Attachments
1. PD1909
2. Reso No.
3. Reso No.
4. SRPD Crime Statistics