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HomeMy WebLinkAboutCC Resolution 8887 (Ritter Street Homeless Services)RESOLUTION NO. 8887 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING THE APPEAL BY DR. GIDEON SOROKIN OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF ED93-15 AND UP93-16, WITH MODIFICATIONS TO CONDITIONS AND FINDINGS, TEMPORARY OFFICE TRAILER TO PROVIDE SERVICES FOR THE HOMELESS AT 14 RITTER STREET WHEREAS, use permit and environmental and design review applications were submitted for the establishment of a day services center for the homeless at 14 Ritter Street and found to be complete for processing; and, WHEREAS, the Planning Commission reviewed the proposal at the regular meeting of March 23, 1993, received the planning staff report recommendation and public testimony and voted (7 - 0) to approve said applications; and, WHEREAS, Dr. Gideon Sorokin appealed the Planning Commission's approval of the use permit and environmental and design review permit to the City Council, and requested that the approval be denied based on the following reasons quoted and listed as Points 1 through 9: Point 1: That the hearing notices for the proposed project were inadequately posted. Point 2: That the building proposed for this use does not meet any present fire or building codes: Point 3: That the parking is inadequate, Point 4: That the Planning Commission was incorrect in that there was no evidence provided that stated that the project would not be detrimental to the health, safety or general welfare of the surrounding neighborhood. Point 5: The temporary approval of the project is likely to extend beyond three approved years. Point 6: That the funds to create this use are a waste of public funds. Point 7: That the modular structure should not be permitted in a commercial location. Point 8: That downtown businesses are on the verge of collapse. Point 9: The proposed program will bring additional homeless people to the downtown area. -1-0RIGINR l�9gg WHEREAS, the City Council considered the appeal at a duly noticed public hearing on April 19, 1993, and received public testimony on this item from all interested parties; and, WHEREAS, the City Council determined that the appeal was without merit. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby makes the following determinations and findings related to points of the appeal: Point #1. - That the hearing notices for the project were inadequately posted. The City Council finds that the project was adequately noticed based on the following facts and analysis: A. The proposed project is consistent with Section 14.22.060(B) of the Municipal Code in that meeting notices for the March 23, 1993 Planning Commission meeting were sent to all property owners within a 300 foot radius on March 12, 1993, and to the San Rafael Downtown Merchants Association. B. Notice of the City Council hearing was mailed to all property owners within a 300 foot radius on April 9, 1993, the San Rafael Downtown Merchants Association, and posted on the site. Point # 2 - Proposed building does not meet any present codes. The City Council finds that the proposed temporary building is in compliance with all applicable Uniform Building and Fire Codes based on the following facts and analysis: A. The proposed project is consistent with all applicable codes as the conditions of approval require that the proposed temporary building meet all Uniform Building Codes to the satisfaction of the Building Department, and all Uniform Fire Codes to the satisfaction of the Fire Marshal. Point # 3 - Proposed project has inadequate parking. The City Council finds that the proposed project is in compliance with the parking standards set forth in the zoning ordinance based on the following facts and analysis: A. The proposed project is in compliance with Section 14.18.060(B) of the Municipal Code in that the project is located in the Downtown Parking Assessment District which allows a one-story building to be constructed without the provisions of off-street parking. The project will exceed the requirements of the zoning ordinance in that six parking spaces will be provided on the site. Point #4: - Crime in the area has increased because of the presence of the Human Concern Center. The City Council finds that the Day Services Center has made appropriate provisions for security based on the following facts and analysis: A. As required by the Conditions of Approval, the Operators of the Day Services Center will institute house rules and regulations to control the behavior of the clients while using the center. Strict house rules regarding the use of alcohol and drugs will be enforced. B. No substantial evidence has been entered into the record at either the Planning Commission or City Council hearings that the project will have an impact on the crime statistics in the area. Comments on potential increases in crime in the area have been unsubstantiated by any documentation or testimony from the Police Department. C. As required by the conditions of approval, provisions for a night watchman will be instituted on the site to increase security in the area. -2- D. As required by the Conditions of Approval, an oversight committee will be formed to review compliance with the conditions of approval and any issues concerning public safety at the Day Services Center. Additionally, upon expiration of this permit in six months, conditions of approval require that a review will be performed to determine if any changes to the neighborhood result from the operation of the Day Services Center. Point #5 - The temporary approval of this project may extend beyond the initial approval of two years. The City Council finds that a six-month use permit for this proposal is appropriate based on the following facts and analysis: A. As required by the Conditions of Approval, the operators of the Day Services Center must file for use permit renewal after six months of operation, and be subject to a review by the Planning Commission every six months thereafter to assure compliance with the conditions of approval. The initial renewal and the subsequent six month reviews will be conducted at advertised hearings to provide opportunity for public comment. Point #6 - This use is a waste of public funds. The City Council finds that the project is being constructed with funds not controlled by the City Council based on the following facts and analysis: A. The applicant has testified that the project is funded entirely with private donations and grants. No City funds or other funds controlled by the City Council are budgeted for this project. Point #7 - The modular structure should not be permitted in a commercial location. The City Council finds that the proposed modular structure is appropriate for this commercial area based on the following facts and analysis: A. Evidence was introduced at the Planning Commission and City Council hearings including the City Zoning Ordinance that the City's regulations permit modular structures in commercial locations and that the City has approved modular structures in commercial zoning districts in the past. Point #8 - The downtown businesses are on the verge of collapse and the downtown shopping atmosphere is deteriorating. The City Council finds that this issue is not relevant to the subject use permit and environmental and design review approvals based on the following facts and analysis: A. No evidence was introduced at the Planning Commission or City Council hearings that the Downtown businesses are on the verge of collapse or that the downtown businesses are deteriorating. Point # 9 - The proposed program will bring additional homeless people to the downtown area. The City Council finds that the program will not bring additional homeless people to the downtown area based on the following facts and analysis: A. The operators of the proposed Day Services Center have stated that most of the prospective Day Service Center clients are already being served by the existing Human Concern Center at 16 Ritter Street. Furthermore, the operators of the Human Concern Center state that 15% of the clients of the Human Concern Center are homeless, and will be the clients of the new Day Services Center. BE IT FURTHER RESOLVED that the City Council amends condition number 36 to reflect a six-month use permit, starting from the issuance of an occupancy permit and condition number 27 to require an oversite committee to monitor the site; and, -3- BE IT FURTHER RESOLVED that the City Council denies the appeal and readopts the following findings of the Planning Commission subject to incorporating a finding that with the conditions as stated, the use will not be materially injurious to surrounding properties and improvements in the area: UP93-16 A. The proposed project is consistent with the General Plan 2000 land use designation of Retail/Office in that the proposal is a 1,100 square foot temporary office building consistent with all provisions set forth in the San Rafael Zoning Ordinance. The proposal is consistent with the goals and policies of the General Plan including Policy LU -19, LU -24, H-40, DT -15 and DT -16. B. The proposed use complies with each of the applicable provisions of the Zoning Ordinance and the proposed use is in accord with the objectives of the C/O -D Zoning district based on the facts and analysis in the staff report to the Planning Commission. C. The proposed use, together with the conditions applicable thereto, will not be detrimental to the health, safety, or general welfare, or be materially injurious to properties or improvements of the surrounding neighborhood of the City of San Rafael as the proposal is seen as appropriate temporary use in the Retail/Office land use area. Adequate parking is provided and the building has been screened from view from adjacent parcels and the public street. The Planning Commission further based this finding on the facts and analysis in the staff report to the Planning Commission. ED93-15 A. The Environmental and Design Review application conforms to the design standards established in the General Plan 2000, to the Criteria for Approval of Applications listed in Section 14.25.050 of the Zoning Ordinance, the objectives of the Zoning Ordinance and the purposes of Chapter 25 of the Ordinance. As modified by the conditions of approval, the proposed site plan and temporary office building design is consistent with the above criteria established for approving environmental and design review permits in that project scale, colors and materials for this temporary building are consistent with surrounding commercial and office development. B. The project design minimizes adverse impacts and 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 the proposed use will be temporary for a maximum of 2 to 3 years and will be screened from the public street. IME I, JEANNE M. LEONCINI, 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 Council of said City on Mondav, the 3rd day of MAY 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JEANNE M. LEONCINI, City Clerk CONDITIONS OF APPROVAL: Fire Department (1) All applicable fire codes pertaining to modular buildings shall be adhered to. (2) Based on Uniform Building Code of Fire Code requirements, an automatic fire sprinkler system shall be installed throughout conforming to NFPA Std. 13. (3) All meetings with or inspections by the Fire Department require a minimum 24- hour advanced appointment. Police Department (4) All exterior lighting shall be sufficient to establish a sense of well being to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the Police Department. (5) Metal framed glass doors shall be set in metal door jambs. (6) Metal framed glass doors shall have a dead bolt lock with a cylinder guard and hardened steel throw that is a minimum of 1 inch long. (7) Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the function of the strike plate from the outside. The strike plate shall be secured to the jamb by a minimum of two screws which must penetrate at least 2 inches into the solid backing beyond the jamb. (8) Exterior doors that swing outward shall have non -removal hinge pins. (9) In -swinging exterior doors shall have rabbited jambs. (10) All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8 inch in thickness. The lock shall have a hardened steel throw of 1/2 inch minimum length. (11) Street view into pedestrian walkways shall not be blocked by fences. (12) Any alternate materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. (13) The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. Public Works (14) Site drainage shall be properly conveyed to the public way or other appropriate drainage system. (15) Provide a parking space accessible to people with disabilities. Minimum code required height clearances shall be maintained in the parking level. (8'2" to lowest obstruction) (16) A standard driveway approach shall be provided. (17) This facility shall meet all Uniform Building Code standards to the satisfaction of the Building Department and Fire Code satisfaction of the Fire Marshal at all times. Planning Department UP93-16 (18) This use permit approves a temporary Day Services center in a temporary trailer building as described in this report presented to the Planning Commission on March 23, 1993. This use is not approved for food services and no full service kitchen shall be provided on the site. No food of any kind shall be served for consumption on the -1- premises, and no overnight live-in use of the facility shall be allowed except by one person functioning as a night watchperson. (19) Hours of operation for providing client services shall be from 8:00 a.m. to 6:00 p.m., seven days per week. Evening use of the premises shall be limited to staff and board meetings and live-in facilities for one night guard. (20) All donated material shall be stored inside the buildings. No material shall be stored in the parking area or in the area behind the fence adjacent to the building at any time. Any additional storage buildings proposed to be located on the site must be approved by the Planning Department before installation. (21) All mechanical equipment (air conditioning units, meters, and transformers) and appurtenances not entirely enclosed within the structure on the side of the building or roof shall be screened from public view. The method used to accomplish this screening shall be indicated on the building plans and approved by the Planning Department prior to issuance of a building permit. (22) All on-site parking shall be double striped with wheel stops provided at each space. Handicapped parking shall be appropriately marked on the pavement and closely accessible to the building entrance. (23) All lighting improvements, facilities, and fixtures shall be subject to the review and approval of the Police and Planning Departments prior to the issuance of a building permit. After installation and before occupancy, all lighting shall be subject to a 30 - day review period by the Police and Planning departments to allow for necessary modifications. This review shall be to ensure that all doors and entrances are adequately illuminated and to ensure that illumination is directed at the subject property. (24) A sign permit shall be secured for all project signing. (25) A Traffic Mitigation fee of $1,168.92 shall be paid at time of issuance of building permit. This is based on the office peak hour trip rate of 2.65 trips per 1,000 square feet and a downtown fee of $764.00 per PM peak trip in 1993 dollars. This 1,100 square foot building generates 2.53 PM peak trips, and the historical use of the site as a single family home generated 1 PM peak trip for a total PM peak trip rate of 1.53 PM peak trips. (General Plan 2000 Circulation Background, page 208), and will be adjusted according to the Lee Saylor Construction Index to take into account changes in construction costs. (26) The applicant is to comply with the conditions and policies of the Marin Municipal Water District in force at time of application for building permit in order to obtain water service to the new office building. (27) The Human Concern Center shall establish an outreach task force committee consisting of 2 to 3 Human Concern Center Board members and 2 to 3 representatives from the downtown neighborhood area. This committee shall be formed to promote communication between the downtown merchants and the Human Concern Center. The membership and reporting responsibilities of this outreach task force shall be reviewed by the Planning Commission and City Council before issuance of an occupancy permit. This committee shall also review the calls for police service information and the tracking of the numbers of clients that the program serves. (28) The Human Concern Center shall provide a litter program to monitor and pick up litter within the neighborhood area of the Center a minimum of three times a week. A schedule shall be submitted for approval to the Planning Department before issuance of a building permit. (29) The applicant shall provide notice to all employees, volunteers and clients stating that parking shall not occur on adjacent private parking lots. The notice shall include a list of available public parking lots. A program to mitigate the impact of parking on the surrounding neighborhood shall be submitted to the Planning Department for approval before issuance of an occupancy permit. (30) Client caseload for the DSC shall be limited to 40 visits per day, averaged over a week. The Human Concern Center shall submit to the Planning Department a -2- monthly report listing the number of daily visits. The form of this report shall be approved by the Planning Department before issuance of a building permit. (31) All clients shall be given a copy of the rules and regulations to read and be signed by all incoming clients. House Rules shall at a minimum include the following: a. No clients will be admitted who in the judgement of HCC staff are under the influence of alcohol or other substances. b. Violent or threatening behavior will not be permitted. c. Failure to comply with the rules may result in eviction from the program and the premises. House Rules will be submitted to the Planning Department for review and approval prior to issuance of building permits. (32) All clients shall be screened for alcohol or drug use before receiving services, and the availability of services to the clients shall be the decision of the operators of the DSC. (33) Clients who cause a peace disturbance or endanger staff or other clients shall not be allowed to receive the services of the DSC. Readmission of evicted clients shall be based on established house rules. (34) The DSC shall maintain a security program during operating hours. The Security Program will be submitted to the Planning Department for review and approval prior to issuance of a building permit. (35) Landscaping upgrades to the parcel shall include potted plants and vines as shown on the plans presented to the Planning Commission on March 23, 1993 and the City Council on April 19, 1993. (36) This use permit is granted until six months from issuance of an occupancy permit, and may be renewed after hearings before the Planning Commission and City Council. A performance report will be presented to the Planning Commission by the Planning department six (6) months from the date that the center commences operation and every six months thereafter. This report shall evaluate the Center's success in adhering to the conditions of approval, and include tracking of the numbers of police service calls to the facility. The report shall also track the number of people that the facility serves on a monthly basis. ED93-15 (37) Construction hours shall be limited from 7:00 AM until 6:00 PM seven days a week. (38) This design review permit shall be approved for six months from the April 19, 1993 City Council hearing, and shall become null and void thereafter unless otherwise extended or building permits have been issued. (39) This design review approves the placement of a 1,100 square foot temporary modular office building at 14 Ritter Street. Any subsequent modifications to the structure shall require review and approval by the Planning Department as an amendment to this permit. K40) The building techniques, materials, elevations and appearance of this project for approval and modified by the conditions of approval, shall be the same as required for the issuance of the building permit. Any future additions, expansions, remodeling, etc. shall be subject to review and approval by the Planning Department. The proposed project shall be constructed as shown on exhibits presented for Planning Commission approval on March 23, 1993 and the City Council on April 19, 1993. (41) The curb area in front of the 16 Ritter Street property shall be painted to allow a "loading zone". This shall be done before issuance of an occupancy permit. —3—