HomeMy WebLinkAboutCD Ritter Center Use Permit AppealCITY CIF��4" Agenda Item No: 5 a.
Meeting Date: April 2, 2012
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by. --A
PaAA. Jensen (CP)
City Manager Approval?���
SUBJECT: 12 Ritter Street (Ritter Center) — Appeal of the Planning Commission's decision to approve a
Use Permit (UP11-070) and an Environmental and Design Review Permit (ED11-089) to allow: 1) the
installation of 933 aquena hoot modular building on the northwest corner ofthe project site; and 2) an
increase in client caseload from 45 clients/day to 65 clients/day. The new modular would house a medical
clinic currently operating in the existing Day Son/imas Center and would operate Monday through Friday. 0
am -5 prn. and limited hours on Saturdays from 9 am to noun. The new modular would eliminate 5 on-site
parking spaces. No other change to the site is proposed. APN: 011-272-13; Second/Third Mixed Use East
(2/3 [WUE) District; Hugo Londeuker. appellant; Diane Linn, Executive Director Ritter Center, applicant; Velma
Bottarini.owner, File Nu(s):UP11-07U/ED11-U80.
It is recommended that the City Council deny the appeal (AP12-001) and uphold the Planning Commission's
February 14.2O12decision hoapprove the project byadoodngtheattachedReao|utionAAttaohnnent1.Page
11 ofthis repodd.
Site Conditions &{}peratona/Setdng:The Ritter Center islocated inthree build i ularshousedon
two contiguous lots located onthe south side ofRitter Street. Total size nfthe project site (APN#O11-272-13)
io8.O82square feet. There are 5on-site parking spaces and one handicap accessible space. There are
various functions and services provided in the three buildings, as described below:
° Ritter Center (16 Ritter): Offices and food pantry distribution
* Bouchard Building: Case Management (5offices) and aconference room
° Day Services Center (DSC): Existing medical clinic, showers, laundry, and restrooms
The site is surrounded by a variety of land uses, including a service station, auto repair, retail auto parts and
accessories, TV repair, a retail beverage store, office use and surface parking. The Ritter Center also has
office space directly across the Street at 815 Third Street.
Site History: The Ritter Center has been in operation in the same location since 1981, providing a variety of
services and resources howorking poor and homeless, all free ofcharge. The City has approved several
planning permits on the site over the years, as detailed on page 3 of the Planning Commission staff report
(Attachment 5.Page 33ofthis staff noport). The Use Permit (UP03-1G)and Environmental and Design
Review Permit (ED93-15) for the existing 1 .1OO square foot Day Services Center modular was approved by
the Planning Commission on March 23, 1993. This decision was appealed tothe City Council, and the
Commission's approval was ultimately upheld. On September 14, 2001. the Planning Commission approved
File No.: 2 -4�;
Council Meeting:
Disposition: �/
SAN RAFAEL CITY COUNCIL AGENDA REPORT /_Pate_ 2
an amendment to the 1993 Use Permit (UP04-005) to allow the continued the use of the DSC, and also
modified 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. For complete Conditions of Approval, refer to Planning Commission Resolution 04-
26 (Exhibit 5, Page 53 of this staff report).
Analysis of General Plan and Zoning Ordinance Consistency: The project is consistent with applicable
policies of the General Plan 2020 in regards to intensity of non-residential development, land use
compatibility, property maintenance, competing concerns, existing business areas, and non-residential design
guidelines. Please refer to the Draft Resolution (Attachment 1, Page 11 of this report) for detailed findings of
General Plan consistency.
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 modular building 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.
Furthermore, the project design is consistent with the provisions of Chapter 25 Design Review Criteria in
regards to the design changes to the building and the site, including compatibility with color and materials of
the existing buildings on site, and reduced client congestion on the site and surrounding vicinity, thereby
improving the overall quality of the streets in the surrounding neighborhood. Please refer to the Draft
Resolution (Attachment 1, Pagel 1 of this report) for detailed findings of Zoning Ordinance consistency.
Project Description: The project proposes to amend the current Use Permit (ED04-005) and Environmental
and Design Review Permit (ED93-15) in order to relocate 600 square feet of existing medical clinic space
from the Day Services Center (DSC) modular to the proposed 933 square foot modular. The proposed
project would also increase the total number of clients served at the DSC and new medical modular from 45
clients/day to 65 clients/day, averaged over one week. The current maximum number of clients allowed per
UP04-005 is 40 clients/day, averaged over one week. The proposed new clinic space would include three
exam rooms, 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 medical clinic space. Ritter Center
staff has reported that the increase from 15 clients/day to 20 clients/day was necessary to comply with
requirements in the Federal grant secured for the site improvement. Per the existing approved Use Permit
(UP04-005), hours of operation for the Ritter Center are 6:00 am to 8:00 pm, seven days a week. However,
current operating hours for the DSC (and the medical clinic) are 9:00 am to 5:00 pm, Monday through Friday,
and these hours are proposed to stay the same for the new medical clinic.
In terms of design, the proposed new modular would be designed to match the colors and materials of the
existing modular on site. The new modular location would eliminate 5 parking spaces at the northwest corner
of the site. The project site is located in the Downtown Parking Assessment District and therefore parking on
site is not required. 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 3rd). Five additional spaces have been secured at this lot to replace the parking lost on site.
There are also 6 off-street parking spaces available across the street at 815 Third Street. The existing
handicap parking space on site would remain. Once relocated to the new modular, the empty medical clinic
space in the DSC modular 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.
The site plan details are provided in the project plans submitted for this project (distributed to Council under
separate cover).
Architecture:
The proposed new modular would be 40' x 23'4" x 10' 9" in height and would be located in the northwest
corner of the project site, adjacent to the existing modular used as the DSC. The proposed modular would be
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 modular. The
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
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. One window would be 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 modular, directly across from the air
conditioning units in the existing DSC modular. The wooden screen currently in place for the existing air
conditioning units would be redesigned to screen all units (see Exhibit #3, Page 50 of this report).
Site Improvements/ Landscaping:
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.
Planning Commission Review and Action: On February 14, 2012, the Planning Commission conducted a
public hearing on the Use Permit and Design Review Permit. During the hearing, the applicant gave public
testimony on the proposed project. The Commission accepted written comments from one member of the
public. Copies of all written public correspondence on the proposed project received prior to the Planning
Commission hearing are attached to this report (Attachment 7, Page 62 of this report). In addition, there were
oral comments provided to the Planning Commission during the public hearing. There were four comments in
favor of the project, and six comments in opposition to the project. Details of the testimony and Planning
Commission discussion are available through a video link on the City of San Rafael website,
www.cityofsanrafael.org/meetings. Click on the Planning Commission video link for the February 14th hearing
date. In summary, the public comments in favor of the project included the following:
• The project is temporary and the expanded health services will help patients be seen quicker;
• The project would help people at St. Vincent's and other downtown areas;
• Services are needed;
• Wellness Center is not free and clients can be seen at Ritter clinic free of charge; and
• New modular would reduce the current two hour wait time for medical services.
Many in opposition stated that they supported the Ritter Center's efforts, but were concerned about the impact
of expanding the number of clients on the site. In summary, the public comments in opposition to the project
included the following:
• Area outside the Ritter Center is dangerous and people mill about after hours;
• Parking is a mess;
• Seen a big increase in the number of people coming for services at Ritter;
• Ritter has overgrown the facility space, more accountability needed;
• Proposed modular design not appropriate and dumpsters are visible;
• General decline in the economic and social atmosphere of San Rafael; and
• Expansion should be delayed until social/economic impacts to Downtown are identified.
Following closure of the public hearing, the Planning Commission discussed the project. A summary of
Commission comments is provided as follows:
1. The Commission recognized that homelessness is a Countywide issue and identified that the larger
issue of the impacts of homelessness in the City of San Rafael were not the focus of the current
project review process. The Commission focused on assessment of the specific project impacts,
specifically the proposed addition of the modular building and the increase in client numbers for the
medical clinic from the existing 40 clients/day, to 65 clients/day;
2. Based on information provided by the applicant, the Commission recognized that the DSC currently
serves 45 clients per day for showers/laundry and 15 clients/day for the medical clinic, for a total of 60
clients/day. The Commission acknowledged that the existing 60 clients/day served is an existing
condition that has developed over the years;
3. The Commission found that the addition of the proposed medical modular may help reduce the
reported two hour wait time for medical services and thereby reduce overcrowding on the site; and
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
4. The Commission acknowledged the concerns expressed by those present on the potential negative
impacts of approving the proposed use permit amendment, but also recognized that there was a
potentially positive impact from having an improved medical modular space in that: a) it would reduce
long wait times for medical appointments; and b) it may help reduce loitering in and around the Ritter
site.
The Planning Commission ultimately voted 3-2-2 (Yes: Commissioners Colin, Robertson, Wise; No:
Commissioners Pick and Sonnet; Absent: Commissioners Lang and Paul) to conditionally approve the project
and adopted Resolution 12-01 (Attachment 4, Page 29 of this report). The dissenting Commissioners
expressed concerns that included the following points: 1) that the project site was already overcrowded and
not adequately managed; 2) the addition of the modular may make the existing situation worse; 3) the site
was in need of a Master Plan to address site planning issues; and 4) the validity of the Use Permit should be
limited by a "sunset clause."
Within the statutory appeal period, an appeal of the Planning Commission's action was filed along with the
required filing fee. The appellant, Hugo Landecker, has appealed the Planning Commission's approval by
submitting a letter dated February 21, 2012 (Attachment 2, Page 25 of this report). Below, in bold, are the
appeal points indentified in the letter followed by a staff response of the Commission's action:
Appeal Point #1: The Planning Commission decision was based strictly on the need of the applicant
(Ritter Center) as stated by the project applicant, Diane Linn, at the hearing, rather than on planning
issues as they relate to the site. The decision in favor of the permit was premature.
Response: The Planning Commission's decision was based on their review and analysis of the proposed
project and its consistency with applicable General Plan 2020 policies and conformance with Zoning
Ordinance regulations, as presented in the February 14, 2012 Planning Commission staff report (Attachment
5, Page 39 of this report). For any approved Use Permit, applicants have the ability to request amendments
to change the manner of operation per Zoning Ordinance Section 14.22.150 and those amendments would be
subject to review by the City. Requests for amendments to a Use Permit are typically based on operational
changes that deviate or expand on the original Use Permit conditions of approval or business operations.
The Ritter Center requested a Use Permit amendment and Environmental and Design Review amendment to
address the increase in the number of clients on site and the addition of a new 933 square foot modular
building. The Commission considered the revised operational needs expressed by the applicant, in light of
potential impacts to the project site and surrounding vicinity. While the applicant did express the need for the
new medical modular as a vital part of providing adequate services to Ritter clients, the Commission also
heard public testimony from adjacent businesses and other members of the public, both opposed to and in
favor of the proposed project.
After discussing the project and asking questions of the applicant to clarify services on site, the majority of the
Commission determined that: 1) Ritter Center services are an existing use already in place and not going
away; 2) the proposed addition of the new modular would cause minimal impacts to the existing site design;
3) the increase in medical clients from 15 clients/day to 20 clients/day is minor; and 4) the new modular is
more functional and better designed to accommodate clients, thereby reducing wait time and reducing client
overflow onto Ritter Street. The Commission ultimately voted 3-2 to adopt a resolution conditionally
approving the project.
Appeal Point #2: The applicant has over-extended the existing use permit for clients using the DSC
(45 are permitted and they currently serve 60), termed "numbers creep" by Planning Commissioners
at the hearing.
• The new permit allows for 65 clients with no projected planning for future increases. How will
the City know when numbers creep up again? Applicant must provide data to the Planning
Department.
• Monitoring for "numbers creep" was eliminated from the original use permit by the city in
2004 and is considered an unsuccessful process by planning staff, given staffing reductions.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 5
• A periodic performance review or semi-annual reporting of data by applicant should be
included as a "condition of use" to determine applicant is in compliance with current use
permit (to avoid "numbers creep").
Response: The current Use Permit for Ritter Center (UP04-005) approved by the Planning Commission in
2004 stipulated a maximum number of clients for the DSC (including the medical clinic) at 40 clients/day,
averaged over one week. Based on information provided by the applicant, the Planning Commission
recognized that the client numbers have increased at the Ritter Center beyond the 40 client limit maximum
established by UP04-005. The Commission heard testimony from the applicant that the existing number of
DSC clients/day (60) is comprised of 15 medical patients, and that the proposed project would increase this to
20 medical clients/day. The applicant indicated that the DSC would continue to serve an average of 45
clients/day, and that the new medical clinic would serve 20 clients/day.
The Planning Commission recognized that the Ritter Center is already serving 60 clients/day and that the new
modular would serve these existing clients plus five additional clients/day for a total of 65 clients. In terms of
future increases, the applicant has only requested an increase to 65 clients/day and has not projected that the
numbers will "creep" beyond this. The Commission did hear and consider public testimony expressing
concern about the need for a reporting program to monitor the number of clients on the site. The
Commissioners struggled with how to set up such a condition of approval, and asked Planning staff to weigh
in on the feasibility of a monitoring program. Staff reported out that due to budget cuts, staff time is very
limited to oversee a monitoring program and thus could not guarantee timelines for implementation and
enforcement. The Commission ultimately voted 3-2 to conditionally approve the Use Permit Amendment
without a monitoring program, given: 1) the temporary nature of the use (Ritter has a 3 -year lease at the site);
2) the new modular would improve management of the existing 60 clients/day on site; 3) the increase of 5
additional clients/day (to 65/day total), was considered to be minor.
The Commission recognized that there are issues of homelessness not just in and around this site, but
throughout Downtown and the City as a whole. The issue of homelessness is a more global issue and
transcends this project as well as city boundaries and the City's regulatory control. Although San Rafael is the
largest City in the County and thus has the largest share of the homeless population, addressing the
homelessness issue must be a coordinated effort amongst all other cities in the county, the County of Marin
and all organizations that that provide services to the homeless. The Council has already recognized the
importance of this issue and created a subcommittee to work on the issue. A public meeting is planned in the
near future to discuss the issue. Ritter Center has agreed to participate in upcoming public meeting and the
work that the subcommittee will undertake. The Commission focused their review on this project and this site,
as that is the scope of their review authority of the Use Permit. They recognized that there is the larger issue
of homelessness that cannot be addressed or solved through the land use permit for one site.
Therefore, the majority of the Commission determined that this project cannot be placed on hold while the
larger problems are investigated. The Commission ultimately voted 3-2 to approve the project with various
conditions of approval.
Appeal Point #3: Nothing submitted, numbering error by appellant
Appeal Point #4: The design of the medical modular with two dumpsters up against an open wrought
iron fence is unacceptable visually. There was no effort to make the appearance of the modular an
asset to the downtown. This never went before the Design Review Board. The modular is detrimental
to the appearance of the historic Ritter Building. Ritter is located at the downtown (eastern) gateway
to San Rafael. A modular at this site is aesthetically unpleasing and not planful in the context of its
setting.
Response: The Planning Commission's decision was based on their review and analysis of the proposed site
and architectural plans submitted as part of an Environmental and Design Review Permit application. The
Planning Commission considered and discussed design issues (Attachment 5, Page 39 of this report) and the
ultimately approved the project with conditions of approval to address design issues (Attachment 4, Page 29
of this report), including: requiring that the colors and materials of the modular match existing Ritter Center
buildings. The issue of the location of the trash dumpsters was not raised by the Planning Commission. The
issue of modular design was raised by two members of the public during public comment, and discussed by
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paye: 6
one Commissioner. However, the Commission did not require any modifications to the proposed modular
design, nor change the proposed conditions of approval in its 3-2 vote to conditionally approve the project.
The majority of the Commissioners recognized that there are existing approved modular buildings on the
project site and that adding a new, appropriately designed modular as conditioned, would not be a detriment
to the site. Further, there was no correspondence from the public during the project review process
requesting that staff refer the project to the Design Review Board. Review of modular buildings of this type
are typically processed at staff level and not typically elevated to a hearing before the Design Review Board
for a recommendation to the Planning Commission. Staff did not refer the project be to be reviewed by the
Design Review Board, nor did the Planning Commission direct staff to bring the project back to the Design
Review Board.
The issue of the historic value of 16 Ritter Street was raised by the appellant, however: 1) the16 Ritter Street
building is not listed as a historic property in the 1986 San Rafael Historic/Architectural Survey; 2) no changes
to the 16 Ritter Street structure is proposed that would compromise any future evaluation of the building, and
3) the proposed modular building is a temporary structure and would have no permanent impact on the 16
Ritter Street structure. The Commission determined that the proposed modular building as designed and
conditioned, is compatible with the existing context of the project site and surrounding vicinity, is not
aesthetically unpleasing and would not be detrimental to the site.
There were several members of the public who expressed concern about the project's impact on Downtown
San Rafael. However, in its review, the Planning Commission clearly separated the greater homeless issues
that are experienced in Downtown San Rafael from potential project impacts on the project site and the
adjacent businesses. The Commission discussed the potential project impacts and the majority of the
Commission determined that approving the addition of a new medical modular with an efficient floor plan,
including a waiting room inside would be more beneficial than limiting the medical space to the existing DSC
modular, which is too small to accommodate the existing 60 clients/day seeking services at the Ritter Center.
Appeal Point #5: At the Planning Commission hearing, planning commissioners, a neighboring
businessman and a San Rafael Fireman referred to the site as needing better management. Approval
of usage permit should include conditions of approval to mitigate applicant's negative usage impacts.
Response: Testimony was provided from the owner of House of Brakes, located at 818 Second Street
(fronting on Ritter Street) that clients at Ritter Center were having a negative impact on his business.
Testimony was also provided from other members of the public that the Ritter site needs better management.
Diane Linn, the Executive Director for the Ritter Center testified that Ritter has worked closely with the
adjacent businesses on Ritter Street and other businesses in the surrounding vicinity, including Walgreens,
Best Collateral, Marin Beverage Outlet, and Klein TV. The existing approved Use Permit (UP04-005)
incorporates several pertinent conditions of approval (COA) to address potential negative project impacts.
These conditions were carried forward into the Use Permit amendment and are included in the Planning
Commission's February 14, 2012 approval (Resolution 12-01) and read as follows:
® COA # 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.
® COA # 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.
■ COA #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:
■ No clients will be admitted which in the judgment of the Ritter Center staff are under
the influence of alcohol or other substances
■ Violent or threatening behavior will not be permitted
■ Failure to comply with the rules may result in eviction from the program and the
premises.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
° CDA#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).
w COA#12: Clients who cause a peace disturbance or endanger staff or other clients shall not be
e||ovved to receive services from the DSC. Readmission of evicted clients shall be bused on
established House Rules.
* C{}A#13: The DSC shall continue to maintain a security program during operating hours.
One of the primary negative impacts identified at the Planning Commission hearing by the public and also by
the dissenting Commissioners was that the site isovercrowded. Ultimately, the Commission determined that
one way to address this problem would be to approve the proposed new modular, as the applicant testified
that it would enable Ritter staff to see more medical clients and reduce the current two-hour wait time.
Several Commissioners commented that the project sihyisnnttheidea||ooationfnrtheaarviouaprovided.
and the applicant reiterated the same sentiment. However, the majority oftheCommissionnecognizadthat
the Ritter Center has nooption torelocate atthis time. Two Commissioners expressed concern that the
overcrowding on site may get worse with the approval of new modular building, After much discussion of
the multitude of variables affecting the Ritter site, the Commission voted 3-2 that the reduced wait time would
help reduce the number ofclients congregating along Ritter Street. Onbalance, the Planning Commission
determined that the proposed installation of the new medical modular had the potential to improve overall site
management.
Appeal Point #6: The site was referred to by planning commissioners as "chaotic"not only because
ofthe usage bythe applicant but also because mfgivens mfthe site: Ritter iaonaone way street
adjacent bnafats moving arterial. The project applicant stated that she considers the site
unsatisfactory. Thoughtful planning mnsuch anintensely used site /s important, and the inclusion mf
a"Conditions ofuse" toanew oenndwould m/tiaehethe chaos onthat site.
Here iseYQminute snapshot of the chaos/observed on Friday February Y74h,at 2:30 PM in front of
Ritter Center.
° YWclients (not waiting for medical treatment) lingered onthe sidewalk and sat onthe park
triangle. Although mRitter staff member was picking up garbage, within f0minutes the park
was littered with garbage and there was msleeping bundle and suitcase under atree.
° 2cars were parked illegally, one waited bopick upa Ritter staff member and another bopick 4p
mclient
" Ydelivmry truck was parked illegally and unloading /nfront mfRitter
Response: Planning Commission Resolution 12-01 approving the Use Permit amendment incorporates
conditions of approval specifically addressing litter control, parking nequinamente, and
expectations/consequences for client behavior. See above response to Appeal Point # 5.
Appeal Point #7/Q"sunset clause" inthe use permit was not considered. The Ritter lease will expire
/n3to3years. Their future on the site is unspecified (per Diane Linn), but the modular can remain in
perpetuity.
Response: The Planning Commission Resolution No. 12-01 approving the Use Permit amendment does not
include any requirement addressing a "sunset clause" as a condition of project approval.One Commissioner
suggested the idea of a "sunset clause," which would limit the length of time the Use Permit would be valid,
and limit the validity of the proposed modular building, Howevor, no such clause was carried forward as a
condition ofproject approval.
Response to Appeal Points by Applicant: The applicant, Diane Linn ofRitter Center, has submitted their
response to the appeal letter. The complete response to the appeal points is included with this report
(Attachment 3. Page 27 of this report), and summarized as follows.
With respect hn Appeal Point #2,theapp|icantreopondedbystoUng:^thenevvpermitwi||a||nvvanavonagoof
G5clients per day, 7days aweek for atotal of455clients each week. Currently, anaverage of80patients
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
are seeking Health Center and Day Service Center services each day, 5 days a week for a weekly average of
300 clients each week. The new use permit thus allows plenty of room for numbers creep. Ritter Center is
happy to provide annual or semi-annual reports on the utilization numbers for this new permit if requested by
the City, but there is no danger of exceeding the maximum and the City must decide if this is a good use of
Planning Staff time given staffing reductions."
With respect to Appeal Point #4, the applicant responded that Ritter staff worked with an architect (Fred
Divine and Associates) to ensure that the appearance of the modular was seriously considered, and that the
proposed modular would match the blue color of 16 Ritter Street and the existing modular buildings on the
Ritter site.
With respect to Appeal Points #5 and #6, the applicant has responded by stating: "the REST program pick-up
arrangement, increased impacts of the recession and other factors did lead to a spike of activity and
unacceptable impact on our immediate neighbors. For these reasons, we have hired a full-time Outreach and
Community Relations staff member to patrol, clean up the block around Ritter Center and assist our
neighbors during Ritter Center's business hours. Additionally, we entered into a contractual agreement with
Barbier Security, a company with deep roots in the enforcement community and with our clientele at other
facilities."
With respect to Appeal Point #7, the applicant responded by stating: "the Ritter Center will be leasing the new
medical modular and it will not remain on the current Ritter campus if Ritter Center moves to a new site."
ENVIRONMENTAL DETERMINATION:
The Commission's approval of the project included a determination that the project was exempt from the
requirements of the California Environmental Quality Act (CEQA), pursuant to 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. This exemption was found to be appropriate by the Planning Commission, given that: a)
the proposed new medical modular would be an accessory use to the Ritter Center program; and b) the
exterior modifications would not result in an increase in floor area that exceeds the maximum FAR for the site.
NEIGHBORHOOD CORRESPONDENCE:
In accordance with the City's public noticing requirements, public notice of the City Council hearing was
published in the Marin Independent Journal and mailed to the property owners, residents, businesses and
interested parties within 300 feet and surrounding neighborhood associations. A copy of the public hearing
notice is attached (Attachment 6, Page 61 of this report).
All previous correspondence received on this project (through the Planning Commission hearing) is included as
Attachment 7, Page 62 of this report). All new correspondence since the Planning Commission hearing is
included (Attachment 8, Page 63 of this report).
As of production of this staff report, staff has received 37 responses regarding this hearing. 32 responses were
in support of the project, citing that the project is crucial to providing necessary medical service for the poor and
homeless. 5 responses were in opposition, citing that the project location is inappropriate, the site is
overcrowded and has a high incidence of loitering, vandalism and has an overall negative impact on Downtown
San Rafael.
�• s
The primary issues raised in the appeal are that: a) the Ritter Center has over-extended the existing Use
Permit limit on the maximum number of clients and periodic review or semi-annual reporting of data is needed
to provide information on the number of clients served; b) the design of the modular is aesthetically
unpleasing; c) conditions of approval are needed to help better manage the "chaos" on the Ritter Center site;
and d) a sunset clause was not considered to limit the time the modular structure can remain on the site.
The issues raised by the appellants were adequately considered and analyzed as part of the Planning
Commission review of this project. First, the Planning Commission did recognize that the existing number of
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 9
clients served at the DSC exceeds the maximum number approved in 1993. However, the majority of the
Commission determined that this is now an existing condition that was not going to go away, and that the
proposed new medical clinic would be a useful upgrade and assist in reducing impacts associated with
overcrowding on site as the clients wait to be treated. As can be seen by the split vote and the discussion at
the hearing, the Planning Commission considered all points and debated the potential impacts. Though not
an easy decision, ultimately, the majority of the Commissioners decided that the project before them was a
minor Use Permit amendment, and determined that a monitoring program was not required, given that staff
time is very limited to administer such a program.
Second, the proposed design of the modular unit was thoroughly reviewed by the Planning Commission and
the approved Resolution 12-01 contains conditions of approval to ensure the design of the new modular will
be compatible with the existing color and materials of the buildings on the project site.
Third, the approved Resolution has several conditions of approval intended to address potential negative
impacts from the project operations as listed earlier on Page 6 of this staff report. These conditions of
approval have been in effect since the original Use Permit was approved by the Planning Commission in 1993
and have been carried forward with each subsequent Use Permit amendment approved for the project.
A "sunset clause" was not considered as part of the project approval because the proposed modular is a
temporary building that would be removed when the Ritter Center vacates the site (expected in three years).
Although there is an understandable concern from the adjacent businesses and members of the San Rafael
community that there are problems with client management at the Ritter Center, the proposed Use Permit
amendment would alleviate crowding in the medical clinic and help reduce impacts to the surrounding
properties. Though two Commissioners dissented, the majority of the Commissioners felt that the larger issue
of the Ritter Center's impact on the City of San Rafael as a whole is not something that can be evaluated as
part of this Use Permit amendment.
OPTIONS:
The City Council has the following options:
1. Deny the appeal and uphold the Planning Commission's approval
2. Deny the appeal and uphold the Planning Commission's approval with further modifications, changes
or additional conditions of approval.
3. Uphold the appeal and deny the project, reversing the decision of the Planning Commission.
4. Continue the appeal to allow the applicant, appellant(s) or staff to address any comments or concerns
of the Council.
FISCAL IMPACT:
This project is a private development and does not have any new fiscal impact on the City budget given that
the review and processing of these applications, including the appeal, are subject to cost recovery fees. No
new traffic improvements or mitigation fees would be triggered given that the project entails the installation of
a temporary modular building.
ACTION REQUIRED:
It is recommended that the City Council:
1. Open the public hearing and accept public testimony;
2. Close the public hearing;
3. Adopt a Resolution denying the Appeal (AP12-01) and upholding the Planning Commission's
approval of a Use Permit amendment (UP11-070) and an Environmental and Design Review Permit
amendment (ED11-089) for the Ritter Center at 16 Ritter Street (Attachment 1).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: IO
ATTACHMENTS:
Page No.
1.
Draft Resolution Denying Appeal and Upholding Planning Commission's Conditional Approval
11
2.
Appeal Letter — Hugo Landecker, February 20, 2012
25
3.
Applicant's response to appeal letter — Diane Linn, March 14, 2012
27
4.
Planning Commission Resolution (No. 12-01) approving the project (UP1 1-070/ED1 1-089)
29
5.
Staff Report to the Planning Commission with Selected Exhibits, February 14, 2012
39
Exhibit 1 Vicinity/Location Map
49
Exhibit 3 Site Plan
50
Exhibit 4 Site photo
51
Exhibit 5 Resolution 04-26 approving Use Permit Amendment in 2004 (UP04-005)
53
Exhibit 6 Applicant's Narrative description Amendment dated December 16, 2011
57
Exhibit 7 Ritter Center History and Overview
60
6. Public Hearing Notice of Appeal 61
7. Correspondence received prior to the Planning Commission hearing 62
8. Correspondence received responding to Planning Commission appeal 63
'/2 size Project Plans (Distributed to the City Council only)
RESOLUTION NO. 13321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING
AN APPEAL (AP12-001) AND UPHOLDING THE PLANNING COMMISSION'S
CONDITIONAL APPROVAL OF A USE PERMIT AMENDMENT (UP11-070), AND AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT AMENDMENT (EDI1-089)TO
ALLOW: A) THE RELOCATION OF 600 SQ. FT. OF MEDICAL SPACE IN THE
EXISTING DAY SERVICES CENTER (DSC) MODULAR BUILDING TO A NEW 933 SQ.
FT. MODULAR BUILDING ON THE PROJECT SITE; AND B) MAINTAINING CLIENT
CASELOAD FOR THE EXISTING DSC AND THE NEW MODULAR BUILDING TO A
TOTAL OF 60 CLIENTS/DAY, AVERAGED OVER ONE WEEK AT 12 RITTER STREET
(RITTER CENTER); APN 011-271-13.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
WHEREAS, on April 19, 1993, the San Rafael City Council upheld an appeal of the
Planning Commission's conditional approval of a Use Permit (UP93-16) and Environmental and
Design Review Permit (ED93-15) to allow the installation of a 1,100 square foot temporary
modular structure for a Day Services Center to serve the homeless for a period of two years; and
WHEREAS, on February 28, 1995, the Planning Commission conditionally approved a
Use Permit amendment (UP95-003), allowing a time extension to the 2 -year deadline of UP93-16
and an extension to the Ritter Center hours of operation; and
WHEREAS, on September 14, 2004, the Planning Commission conditionally approved a
Use Permit amendment (UP04-005), amending UP95-003 to allow modifications to several Use
Permit conditions of approval, including eliminating reporting requirements and eliminating the
Use Permit expiration date requirement; and
WHEREAS, on November 14, 2011, the Ritter Center submitted an application to
amend Use Permit (UP04-005) to: 1) allow the installation of a new 933 square foot modular
building in order to relocate the existing 600 square feet of medical office space in the Day
Services Center (DSC); and 2) increase the client caseload for the DSC from 40 clients/day to 65
clients/day (including clients at the new medical modular); and
WHEREAS, 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, Building Division/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; and
WHEREAS, following closure of the public hearing, the Planning Commission approved
with conditions the Use Permit amendment (UP 11-070) and Environmental and Design Review
Permit amendment (UPI1-089)by a 3-2 vote (Yes: Commissioners Colin, Robertson and Chair
Wise; No: Commisionsers Pick and Sonnet; Absent: Commissioners Lang and Paul) for the
installation of a 933 square foot modular building 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, averaged over
one week, based on Findings and subject to conditions of approval. This action was confirmed by
Planning Commission Resolution No. 12-01; and
WHEREAS, this Planning Commission Resolution 12-01 superceded all conditions of
approval in Planning Commission Resolution 04-26, previously adopted by the Planning
Commisison in 2004 for UP04-005; and
WHEREAS, on February 21, 2012, within the 5 day appeal period, Hugo Landecker, a
resident of San Rafael, filed an appeal (AP12-001), pursuant to the provisions of San Rafael
Municipal Code Chapter 14.28, citing six points of appeal and requesting that the City Council
reverse the February 14, 2012 decision of the Planning Commission; and
WHEREAS, on April 2, 2012, the City Council held a duly -noticed public hearing to
consider the Appeal (AP 12-001), accepted and considered all oral and written public testimony and
the written report of the Community Development Department staff and closed said hearing on that
date; and
WHEREAS, following the closure of the public hearing, the City Council discussed the
appeal points and the proposal, ultimately agreeing that the appeal be denied. However, the City
Council recommended that the Use Permit conditions be further amended to: 1) limit the total client
visits for the Day Services Center (DSC) and the medical clinic to 60 clients per day, averaged over
one week; 2) require monthly reports to be submitted to the City to provide a tally on the number of
client visits for the DSC and the medical clinic; 3) require that City staff prepare a performance
report every six months following occupancy to track condition compliance and police service calls;
and 4) require the Ritter Center management to develop and implement an "overflow plan" for the
medical services component; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon
which this decision is based is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby denies the Appeal
(AP12-001) by Hugo Landecker and upholds the Planning Commission's February 14, 2012
decision to conditionally approve the Use Permit amendment (UPI1-070)and Environmental and
Design Review Permit amendment (ED11-089) for the Ritter Center at 12 Ritter Street. The City
Council finds that the points of the appeal (identified in boldlitalics) cannot be supported for the
following reasons:
Appeal Point #l: The Planning Commission decision was based strictly on the need of the
applicant (Ritter Center) as stated by the project applicant, Diane Linn, at the hearing, rather
than on planning issues as they relate to the site. The decision in favor of the permit was
premature.
a) The Planning Commission's decision was based on the Commission's review of the
proposed Use Permit amendment's consistency with applicable General Plan 2020 policies
and conformance with Zoning Ordinance regulations, as presented in the February 14, 2012
Planning Commission staff report.
b) The Commission considered the revised operational needs of the applicant (a new 933
square foot medical trailer and an increase in the daily number of clients served from 45 to
65 clients/day), in light of potential impacts to the project site and surrounding vicinity.
While the applicant did express the need for the new medical trailer as a vital part of
providing adequate services to Ritter Center clients, the Commission also heard public
testimony from adjacent businesses and other members of the public, both opposed to and
in favor of the proposed project. The Commission discussed the project, weighed the
potential impacts and ultimately voted 3-2 to adopt Resolution 12-01 to conditionally
approve the project.
e) The Commissioners all recognized that the project site is challenging. The majority
ultimately voted that the existing conditions and client caseload of 60 clients/day would be
better served with the medical clinic located in the upgraded new modular structure. The
majority of the Commissioners deemed the proposed Use Permit amendment would be a
minor change to the existing site, and that overall, the proposed new modular would help
reduce congestion on the project site and along Ritter Street.
Appeal Point #2: The applicant has over-extended the existing use permit for clients using the
DSC (45 are permitted and they currently serve 60), termed "numbers creep" by Planning
Commissioners at the hearing.
• The new permit allows for 65 clients with no projected planning for future increases.
How will the City know when numbers creep up again? Applicant must provide data to
the Planning Department.
• Monitoring for "numbers creep" was eliminated from the original use permit by the city
in 2004 and is considered an unsuccessful process by planning staff, given staffing
reductions.
• A periodic performance review or semi-annual reporting of data by applicant should be
included as a "condition of use" to determine applicant is in compliance with current use
permit (to avoid "numbers creep').
a) Based on information provided by the applicant, the Planning Commission recognized that
the client numbers have increased at the Ritter Center beyond the 40 client limit maximum
stipulated in UP04-005. The Commission accepted testimony from the applicant that the
existing number of DSC clients/day (60) is comprised of 15 medical patients, and that the
proposed project would increase this by 5 clients/day for a total of 20 medical clients/day.
b) The Planning Commission recognized that the DSC is already serving 60 clients/ day and
that the new modular would serve these existing clients plus 5 additional clients/day for a
total of 65 clients. In terms of future increases, the applicant has requested an increase to
65 clients/day and has not projected that the numbers will "creep" beyond this new limit.
There was no testimony presented to the Commission showing that the number of clients
using Ritter services will exceed what is requested in the Use Permit amendment.
Ultimately, the City Council voted unanimously to limit the total client caseload for the
DSC and medical modular to a maximum of 60 clients/dam averaged over one week. and
also required that Ritter Center develop a plan to address potential client overflow for
medical services.
c) The Commission accepted public testimony expressing concern about the need for a
reporting program to monitor the number of clients on the site. The Commissioners
discussed how to establish such a condition of approval to explore the feasibility of a
monitoring program. However, given reductions in staffing levels, Planning staff could not
guarantee completion of a monitoring program and on-going monitoring. Ultimately, the
City Council voted unanimous) t� o require that the Ritter Center submit monitoring reports
to the Planning Division Use Permit Condition of Approval #5 and #6).
d) The Commission recognized that there are countywide issues of homelessness in this area
and other areas of San Rafael. However, they cautioned that this project cannot be placed
on hold while the larger problems are investigated. The Commission ultimately voted 3-2
to conditionally approve the Use Permit amendment without a monitoring program, given
the fact that: 1) the modular building is a temporary use (Ritter has a 3 -year lease on the
site). Information about the lease was updated at the City Council hearing when Diane
Linn reported that Ritter's lease would expire in 4 years (May 2016); 2) the medical
modular is better designed to accommodate clients and therefore has the potential to
improve client management of the existing 60 clients/day on site; and 3) the increase of 5
additional clients/day (to 65/day total), is considered to be minor. Ultimately, the City
Council voted unanimously to limit the total client caseload for the DSC and medical
modular to a maximum of 60 clients/day, averaged over one week, and also required
monthlyports and performance evaluations every 6 months.
Appeal Point 3: Nothing submitted, numbering error by appellant.
Appeal Point #4: The design of the medical modular with two dumpsters up against an open
wrought iron fence is unacceptable visually. There was no effort to make the appearance of the
modular an asset to the downtown. This never went before the Design Review Board. The
modular is detrimental to the appearance of the historic Ritter Building. Ritter is located at the
downtown (eastern) gateway to San Rafael. A modular at this site is aesthetically unpleasing and
not planful in the context of its setting.
a) The Planning Commission's decision was based on review of a site plan and building
elevations submitted as part of a Design Review Permit application (ED 11-089), and
applicable design review criteria.
b) The Planning Commission approved Resolution 12-01, which includes conditions of
approval requiring colors and materials of the modular match the colors of the existing
buildings on site. The issue of the location of the trash dumpsters was not raised by the
Planning Commission. The issue of modular design was raised by two members of the
public during public comment, and discussed by one Planning Commissioner. However, as
part of the Commission's actions, modifications to the proposed design of the modular
were not required, nor did the Commission modify the proposed conditions of approval in
its 3-2 vote to conditionally approve the project.
c) There was no correspondence from the public during the project review process requesting
that the project be referred to the Design Review Board. Staff did not recommend to the
Planning Commission that the project be reviewed by the Design Review Board, nor did
the Commission direct staff to forward the modular design to the Design Review Board.
d) The issue of the historic value of 16 Ritter Street was raised by the appellant during the
hearing, however: 1) the 16 Ritter Street building is not listed as a historic property in the
1986 San Rafael Historic;"Architectural Survey; 2) no changes to 16 Ritter Street are
proposed, and 3) the proposed modular building is a temporary structure and would have no
permanent impact on the 16 Ritter Street building.
4
e) The Commission determined that the proposed modular building as designed and
conditioned, is compatible with the existing context of the project site and surrounding
vicinity, is not aesthetically unpleasing, and is not detrimental to the project site.
Furthermore, there has been a modular on site for numerous years and the proposed new
modular building would be an improvement to the existing modular in terms of design and
integration into the site.
f) There were several members of the public who expressed concern about the project's
impact on Downtown San Rafael. However, the Planning Commission separated homeless
issues in Downtown San Rafael from the project and applications that were before them
and focused on the potential project impacts on the project site and the adjacent businesses.
The Commission determined that approving the addition of a new medical modular would
be more beneficial than limiting the medical space to the existing DSC modular, which is
too small to accommodate clients seeking medical services at the Ritter Center.
Anneal Point #S: At the Planning Commission hearing, planning commissioners, a neighboring
businessman and a San Rafael Fireman referred to the site as needing better management.
Approval of usage permit should include conditions of approval to mitigate applicant's negative
usage impacts.
a) The existing approved Use Permit (UP04-005) has several conditions of approval (COA) to
address potential negative project impacts. These conditions were carried forward into
Resolution 12-01, approved by the Planning Commission on February 14, 2012 and would
continue to apply to the use of the site. These conditions are intended to address the
concerns expressed at the Planning Commission hearing from adjacent businesses and other
community residents. These conditions include:
COA # 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.
COA # 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.
COA #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: 1)
No clients will be admitted which in the judgment of the Ritter Center staff are under the
influence of alcohol or other substances; 2) Violent or threatening behavior will not be
permitted; 3) Failure to comply with the rules may result in eviction from the program and
the premises.
COA #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).
COA # 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.
COA #13: The DSC shall continue to maintain a security program during operating hours.
b) The majority of the Commission determined that one way to address the overcrowding
problem on site would be to approve the proposed new medical clinic, as it would enable
Ritter staff to see more medical clients, reduce the current two- hour wait time, potentially
improve overall site management, and reduce impacts to businesses in the vicinity along
Ritter Street.
c) Ultimately, the City Council voted unanimously to require the Planning Division to prepare
a performance report every 6 months (Use Permit Condition of Approval #16) in order to
track condition compliance This report shall be forwarded to the Planning Commission
and City Council.
Appeal Point #6: The site was referred to by Planning Commissioners as "chaotic "not only
because of the usage by the applicant but also because of givens of the site: Ritter is on a one way
street adjacent to a fast moving arterial. The project applicant stated that she considers the site
unsatisfactory. Thoughtful planning on such an intensely used site is important, and the
inclusion of a "Conditions of use" to a new permit would mitigate the chaos on that site.
Here is a 10 minute snapshot of the chaos I observed on Friday February 17'h, at 2:30 PM in
front of Ritter Center:
• 10 clients (not waiting for medical treatment) lingered on the sidewalk and sat on the
park triangle. Although a Ritter staff member was picking up garbage, within 10
minutes the park was littered with garbage and there was a sleeping bundle and suitcase
under a tree.
• 2 cars were parked illegally, one waited to pick up a Ritter staff member and another to
pick up a client
• 1 delivery truck was parked illegally and unloading in front of Ritter
a) The Planning Commission recognized that management on the Ritter site is challenging.
However, the Commission voted to conditionally approve the project without adding
additional conditions. The majority of the Commission voted to approve the project
because the addition of the new medical clinic would enable Ritter staff to see more
medical clients, reduce the current two- hour wait time, potentially improve overall site
management, and reduce impacts to businesses in the vicinity along Ritter Street.
b) The majority of the Planning Commission (on a 3-2 vote) determined that on balance, the
proposed changes to the project site were minor, and approval of the Use Permit
amendment and Design Review amendment was appropriate. The Commission determined
that the use is in existence and has been for numerous years, and the proposed change is a
small incremental change to the use permit.
Appeal Point #7: A "sunset clause" in the use permit was not considered. The Ritter lease will
expire in 2 to 3 years. Their future on the site is unspecified (per Diane Linn), but the modular
can remain in perpetuity.
The proposal to impose a "sunset clause" limiting the validity of the Use Permit was introduced by
one Commissioner during its discussions and deliberations on the project However, the language
for a sunset clause was not carried forward by the Planning Commission as a condition of project
approval because the proposed modular building is a temporary building that would be removed
when the Ritter Center vacates the site (expected in 4 years). Ultimately, the City Council agreed
with the Planning Commission and voted unanimously that a sunset clause was unnecessary,
because the lease for the Ritter Center would expire in 4 years. In addition, Use Permit Condition
of Approval #15 requires on-going compliance with all use permit conditions of approval and
allows the Planning Division to call the Use Permit to a public hearingat t any time to review
condition com 1p iance.
BE IT FURTHER RESOLVED, that the time within which to seek judicial review of this
decision is governed by Code of Civil Procedure Section 1094.6.
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael upholds
the Planning Commission's approval of a Use Permit amendment (UPI 1-070) and Environmental
and Design Review Permit amendment (EDI 1-089), based on the following revised findings:
Use Permit Amendment (UPI1-070)
Findings
1) The Ritter Center use, including the proposed Use Permit amendment to relocate the 600 square
foot medical clinic to a new 933 square foot modular on site and increase the client caseload
limit for the Day Services Center (DSC) and the new medical modular to 60 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
modular, 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 modular 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 stili providing needed services to the poor and homeless. The
number of clients has increased steadily over the years and the proposed increase to 60
clients/day for the DSC and the new modular would be mitigated by better site organization
and client management; and v) the proposed new modular has been designed with colors
and materials to match the existing buildings on the site; and
b. The proposed project is consistent with 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
modular 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 modular, the
new modular 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 UP04-
005, 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;
c. The proposed increase in the number of clients for the DSC and new medical modular from
the 40 clients/day limit per UP04-005, to 60 clients/day reflects current demand for services
on the site. The increase in client numbers is not the result of installing a new modular on
site, but has been an existing condition for several years. The addition of a new modular
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 into the new
modular, and the vacated medical space in the DSC 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 modular 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 to 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;
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 2"d
Street and 3'd 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
MITE 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 933 square foot medical modular and proposed increase in the client
caseload limit for the DSC and new medical modular on site.
Environmental and Design Review Amendment Findings
(ED11-089)
1) The proposed installation of a new 933 square foot modular 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 in 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
Day Services Center (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 modular 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 modular, 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 modular.
3) The project design minimizes adverse environmental impacts given that:
a. The new modular would improve client access to medical services on site and reduce the
number of clients waiting on the street for services;
b. The proposed project was reviewed by applicable City departments and no adverse
environmental impacts were identified;
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 modular 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 litter clean-up program (per Use Permit
Condition of Approval #8) and the security program (per Use Permit Condition of
Approval #13). The Ritter staff will 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. Further, the City Council voted unanimously to amend
Condition of Approval #5 (to require monthly reports on the daily number of client visits,
and a limit in the client caseload to 60 clients/day), and add Condition of Approval #16
(performance reports every 6 months) and Condition of Approval #17 (an operation1p an to
address potential client overload).
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael in
denying the appeal from Hugo Landecker (AP 12-01) reaffirms the approval of the Use Permit
amendment (UP 11-070) and Environmental and Design Review Permit amendment (EDI 1-089)
subject to the following conditions of approval:
Use Permit Amendment (UP11-070)
Conditions of Approval
This Use Permit amendment (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 modular on the Ritter Center
site. In addition to the medical clinic, the following Ritter Center inventory of services,
previously approved per UP04-005, and described on page 2 of the Planning Commission staff
report dated February 14, 2012 (Exhibit 6, Narrative Description Amendment, dated December
H
16, 2011, submitted by Ritter Center) will continue to be authorized at the Ritter Center as part
of this amended Use Permit amendment:
• 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 allowed in the existing Day Services Center
(DSC) or the new modular. No food of any kind shall be sold for consumption on the premises.
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) and services in the new modular are
limited to a total of 60 clients/damaged over one week. Commencing at occupancy and
occupation of the new modular, on the first day of each month, the Ritter Center shall submit
monthly reports to the Planning Division, which are to: a) provide a tally of the total number of
daily client visits during the previous calendar month; and b) identify the number of days the
"overflow plan" was implemented (per Use Permit Condition of Approval #17). The form of
this report shall be approved by the Planning Division and City Attorney prior to the issuance of
a building permit, and shall include verification under penalty of perjury.
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
It
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 amendment (UPI1-070)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 April 2, 2014.
15. On-going compliance with all conditions of approval shall be required to keep the Use Permit
Amendment valid. This Use Permit (UPI 1-070) may be called to hearing at any time by the
Planning Division in order to review compliance with the Conditions of Approval.
16. Six (6) months from the date of occupancy and operation, a performance report shall be
prepared by the Planning Division and shall continue to be prepared every six months
thereafter. This performance report shall report on the Center's adherence to the operational
conditions of approval regulating client limits, litter control and security, and shall include a
tracking of the numbers of police service calls to the facility. Once completed, the performance
reports shall be forwarded to the Planning Commission and City Council. If, during the course
of monitoring, it is determined that the Ritter Center is out -of -compliance with conditions of
approval, the City can schedule the Use Permit for a City Council public hearing.
17. Prior to the issuance of a building permit, the Ritter Center management shall develop and
submit to the Planning Division an operation plan to address potential client overflow for
medical services. The monthly monitoring report required by condition #5 above, shall identify
the days within the reported calendar month in which the overflow plan was required to be
implemented.
Environmental and Design Review Permit Amendment (ED11-089)
Conditions of Approval
Community Development Department - Planning Division
1. The proposed 933 square foot modular 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 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 malting body. A copy of the Conditions of Approval for ED11-089
shall be included as a plan sheet with the building permit plan submittal.
1[%
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.
This Environmental and Design Review Permit amendment (EDI1-089)shall be valid for two
years from the date of City Council approval, or until April 2, 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.
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.
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.
10. A copy of the Conditions of Approval for Environmental and Design Review Permit
amendment ED11-089 shall be included as a plan sheet with the building permit plan
submittal.
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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.org.
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.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City Council
of said City held on Monday, the 2d day of April 2012, by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough, and Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
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