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HomeMy WebLinkAboutZoning Administrator Hearing 2025-02-12 Agenda PacketZoning Administrator Hearing Wednesday, February 12, 2025 10:00 AM Join In-Person Meeting: Community Development Small Meeting Room, San Rafael City Hall 1400 Fifth Avenue, 3rd Floor, San Rafael, CA 94901 Zoom Website/App: https://tinyurl.com/ZA-Meetings-2025 or Telephone: (669) 444-9171 Webinar ID: 827 0869 6241# 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 - 1 - 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. - 2 - 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 - 3 - 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. - 4 - 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