HomeMy WebLinkAboutCC Resolution 14786 (190 Mill Street - Approving Use Permit (UP19-014))
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RESOLUTION NO. 14786
RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL
CONDITIONALLY APPROVING A USE PERMIT (UP19-014) TO ALLOW THE
OPERATION OF A PERMANENT EMERGENCY SHELTER IN A NEW
BUILDING TO BE CONSTRUCTED ON PROPERTY LOCATED AT 190 MILL
STREET AND CONCESSIONS FOR HEIGHT AND LOT COVERAGE
(APN: 014-192-12)
WHEREAS, Homeward Bound of Marin has operated a perm anent
emergency shelter at 190 Mill Street with an approved Use Permit since 1986 ;
and
WHEREAS, on April 26, 2019, Homeward Bound of Marin submitted
project applications for 190 Mill Street to the City of San Rafael Community
Development Department, including an application for a Use Permit (UP19-014)
to allow the operation of a permanent emergency shelter in a new building that
would house the new shelter and 32 affordable supportive housing units at
property located at 190 Mill Street; and
WHEREAS, on April 26, 2019, Homeward Bound of Marin submitted a
request to the City of San Rafael Community Development Department for
concessions for building height and lot coverage under Density Bonus provisions
of the San Rafael Municipal Code and consistent with State law; and
WHEREAS, the project applications for 190 Mill Street include a General
Plan Amendment (GPA19-001) to change the existing Light Industrial/Office
(LI/O) land use designation to the high-density residential (HDR) land use
designation; and a Zoning Map Amendment (ZC19-001) to change the existing
Canal Core Industrial/Office (CCI/O) Zoning Classification to the High-Density
Residential Zoning (HR1) Zoning Classification; and
WHEREAS, following the initial filing of the Homeward Bound of Marin
applications for 190 Mill Street, the City commenced with environmental review of
the project. Consistent with the California Environmental Quality Act (CEQA)
Guidelines and the City of San Rafael Environmental Assessment Procedures
Manual, the appropriate steps were followed to complete environmental review of
the project, which focused primarily on the amendments to the Zoning Map and
General Plan 2020 Land Use Map referenced above; and
WHEREAS, an Initial Study and Mitigated Negative Declaration (IS/MND)
was prepared and a Notice of Public Review and Intent to Adopt a Mitigated
Negative Declaration was published on January 2, 2020; and
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WHEREAS, Assembly Bill 2162, which amends California Government
Code Section 65583 relating to land use, specifies that while a local government
may require a use permit and apply certain written objective standards to
emergency shelters, the permit processing and application of standards applied
to such permits shall not be deemed to be discretionary acts within the meaning
of the CEQA; and
WHEREAS, State planning and zoning law allows a developer for an
affordable housing project to seek a density bonus, including any concessions,
incentives, or waivers of development standards, from the local government
(Government Code Section 65655(a)), and Homeward Bound is requesting
concessions for building height and lot coverage; and
WHEREAS, on February 25, 2020, the San Rafael Planning Commission
held a duly noticed public hearing to consider Use Permit (UP19-014) to allow a
permanent emergency shelter, and to consider concessions for building height
and lot coverage associated with the affordable supportive housing project. The
Planning Commission considered all oral and written public testimony and the
written report of the Community Development Department , and following
deliberation on the project, voted 6-1-0 (Commissioner Lubamersky Voted No) to
adopt Planning Commission Resolution No. 20-11 to recommend approval of the
Use Permit (UP19-014) and concessions for building height and lot coverage;
and
WHEREAS, on April 6, 2020, the City Council held a duly noticed public
hearing on the proposed project, accepting and considering all oral and written
public testimony and the written report of the Department of Community
Development; and
WHEREAS, on April 6, 2020, by adoption of a separate resolution, the
City Council adopted the IS/MND and approved a Mitigat ion Monitoring and
Reporting Program (MMRP); 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 that the San Rafael City Council
does hereby approve Use Permit application (UP19-014) and the requested
concessions, to allow the operation of a permanent emergency shelter, based on
the following findings and with the following conditions:
Findings for UP19-014
A. The proposed use is in accord with the general plan, the objectives of the
zoning ordinance, and the purposes of the district in which the site is
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located in that the use is located within the High Density Residential
(HDR) General Plan Land Use Designation and HR1 (High Density
Residential) Zoning District. This Land Use category is intended to
provide a variety of opportunities for high -density multifamily residential
development.
General Plan Consistency:
The permanent emergency shelter use is consisten t with the goals and
policies of San Rafael General Plan 2020 as a whole, and the use
specifically supports and implements the following:
1. Housing Element Policy H-9 (Special Needs) which supports the
added affordable housing in the very -low and low-income categories
including housing that supports the homeless population.
2. Housing Element Policy H -9d (Housing for Extremely Low Income
Households), which supports funding opportunities that support the
development of housing affordable to extremely low -income
households including funding for projects that will facilitate the
construction of multifamily and supportive housing.
3. Housing Element Policy H-10 (Innovative Housing Approaches) and
H-10c (Single Room Occupancy (SRO) Units) in that these policies
support opportunities for innovative housing approaches that increase
the availability of low- and moderate-income housing and promote
construction of SRO apartments by eliminating SRO’s from density
limits, allowing a reduction in parking standards and encourag e
linkages to social services for this type of housing.
4. Housing Element Policy H -12 (Residential Care Facilities and
Emergency Shelters) which encourages a dispersion of residential
care facilities and emergency shelters and discourages an over
concentration of residential care facilities and shelters for the
homeless in any given area. This policy also recognizes the value of
eliminating governmental constraints in the operation or construction
of transitional, supportive, and emergency housing, consiste nt with
State law.
Zoning Consistency:
This use is located in the High -Density Residential District (HR1) District,
which is intended to provide a variety of opportunities for high -density
multifamily residential development. The proposed emergency shel ter is a
residential use that is permitted in the HR1 District with approval of a Use
Permit pursuant to San Rafael Municipal Code (“SRMC”) Section
14.04.040.
B. The proposed use, together with the conditions applicable thereto, will 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 because the project is subject to adherence to the
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performance standards addressed in the findings and the conditions
below, which would among other measures require on-site management
and security, fully enclosed refuse storage areas that are adequate for the
proposed use, adequate security lighting, and adequate parking for the
shelter staff, service provider s and volunteers. In addition, the provider is
required to have a written management plan including, as applicable,
provisions for staff training, neighborhood outreach, security, screening of
residents to ensure compatibility with services provided at th e facility, and
for training, counseling, and treatment programs for residents.
C. The proposed use complies with the applicable provisions of SRMC Title
14, the Zoning Ordinance. The emergency shelter meets the following
development and performance stan dards, as required by SRMC Section
14.16.115.C:
1. On-site management and on -site security shall be provided during
hours when the emergency shelter is in operation.
2. Adequate external lighting shall be provided for security purposes (i.e.,
one (1) foot -candle at all doors and entryways and one -half (½) foot-
candle at walkways and parking lots). The lighting shall be stationary,
directed away from adjacent properties and public right s-of-way, and
of intensity compatible with the surrounding area.
3. The development provides common facilities for the exclusive use of
the residents and staff, including a shared kitchen, dining room,
lounge, outdoor terraces, and offices for counseling and other support
services.
4. Parking and outdoor facilities provide adequate sec urity for staff,
service providers, and volunteers.
5. A fully enclosed refuse storage area located in the enclosed garage
area is provided that is large enough to accommodate a standard -
sized trash bin, and an additional enclosure for recycling bins.
6. The agency or organization operating the shelter shall comply with the
following requirements:
a. Shelter shall be available to residents for no more than six (6)
months. No individual or household may be denied emergency
shelter because of an inability to pay.
b. Staff and services shall be provided to assist residents to obtain
permanent shelter and income.
c. The provider shall have a written management plan including,
as applicable, provisions for staff training, neighborhood
outreach, security, screening of reside nts to ensure
compatibility with services provided at the facility, and for
training, counseling, and treatment programs for residents.
7. The emergency shelter is not within proximity to any other existing or
planned emergency homeless shelter.
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8. The facilit y shall maintain at all times in good standing all city and/or
state licenses, if required by these agencies for the owner(s),
operator(s), and/or staff on the proposed facility.
9. The maximum number of beds or clients permitted to be served
(eating, showering and/or spending the night) nightly shall not exceed
the occupancy limit established by the California Building Code.
Findings for Concessions
A. The Project complies with the City’s affordable housing requirement,
pursuant to SRMC Section 14.16.030, by providing 100% of the 32
supportive housing units as “affordable” or Below-Market-Rate (BMR)
units. All 32 of the affordable units would be affordable at Extremely Low
or Very Low-income levels.
B. By meeting the City’s affordable housing requirement of at least 20%, the
project is eligible for up to 3 concessions and unlimited waivers under the
State Density Bonus law.
C. The project proposes two (2) discretionary concessions/waivers:
1. To achieve the proposed 32 supportive housing units, a Concession is
requested to allow a 6% increase in lot coverage, from the maximum
60% permitted in HR1 District to 66% lot coverage; and
2. To achieve the proposed building height, a Concession is requested
for proposed height increase from maximum height of 36 feet allowed
in the HR1 District to a 48-foot maximum building height.
D. The additional lot coverage and the additional building height are
considered major concessions (SRMC Section 14.16.030.H.3.b.v) and
therefore are subject to approval of the City Council and require that the
applicant demonstrate through a financial pro forma that the concessions
are needed to make the project financially feasible.
E. Based on SRMC Section 14.16.030.H.2, the City may, at its sole
discretion, grant a density bonus exceeding the State’s minimum
requirements where the applicant agrees to construct a greater number of
affordable housing units than required pursuant to SRMC Section
14.16.030(B)(2). If such additional density bonus is granted by the city and
accepted by the applicant, the additional density bonus shall be
considered an additional concession or incentive for purposes of
Government Code Section 65915. Given that the project proposes 100%
of the 32 supportive housing units as affordable, the City finds that the
100% affordability provides a significant public benefit.
F. Based on the fact that the project provides all 32 supportive housing units
as affordable units to extremely low and very low income households and
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is supported by the financial pro forma that demonstrates that the
concessions are necessary to make the 100% affordable housing project
feasible, the City hereby grants the concessions/waivers (increased lot
coverage and increased building height) as requested by the project.
Conditions of Approval for UP19-014
1. This Use Permit approves the operation of a permanent emergency
shelter within a new building to be constructed on the property located at
190 Mill Street. The building techniques, materials, elevations, and
appearance of the project, as shown on plans presented to the Planning
Commission on February 25, 2019, shall be the same as required for
issuance of a Building Permit except as modified by these conditions of
approval.
2. These conditions of approval shall be included on the first sheet of plans
submitted for a building permit. The applicant shall comply with all
applicable requirements of the San Rafael Municipal Code and of the
implementing zone classification of HR1 (High Density Residential) Zoning
District, as permitted by and consistent with State law.
3. This Use Permit does not approve any signs proposed for the project site.
A separate sign permit and fee will be required for any signage for the new
building.
4. Minor modifications or revisions to the project shall be subject to review
and approval by the Community Development Department, Planning
Division. Modifications deemed not minor by the Community Development
Director shall require review and approval by the original decision -making
body.
5. The applicant shall comply with all applicable requirem ents of the City,
County, State, and other responsible agencies. This Use Permit shall run
with the land.
6. The applicant shall comply with Performance Standards outlined under
Section 14.16.115.C of the San Rafael Municipal Code.
7. This Use Permit shall become null and void if not vested within two (2)
years from the date of approval, unless a time extension is granted before
that date. Vesting shall include issuance of necessary building permits or
commencement of operations.
8. The applicant shall comply with San Rafael Sanitation District (SRSD)
requirements outlined in their memo dated May 17, 2019, which includes
the following:
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a. Prior to issuance of Building Permit, the applicant shall pay the
appropriate sewer connection fees for new plumbing fixtures.
b. All sanitary sewer-related work shall be performed in accordance with
SRSD Standards, including installation of backflow preventer.
c. The applicant shall provide sanitary drains for the trash and recycling
areas. All refuse areas shall be covered a nd graded to drain
independently of all surrounding non-refuse areas.
9. The applicant shall comply with Fire Department Standard Conditions of
approval as noted in Memorandum dated May 3, 2019, which includes the
following:
a. The design and construction of all site alterations shall comply with
the 2016 California Fire Code (“CFC”) and City of San Rafael
Ordinances and Amendments.
b. The applicant shall coordinate submittal of plans for the following fire
protection systems prior to installation:
i. Fire Sprinkler Plans
ii. Fire Standpipe Plans
iii. Fire Alarm Plans
iv. Kitchen Hood Automatic Fire-Extinguisher System Plans
c. A recessed mounted Knox Box (#3200 Series) is required at the
primary point of first response to the building. Plans for building
permit submittal shall show location of Knox Box on plans. The Knox
Box shall be clearly visible upon approach to the main entrance from
the fire lane, and shall be installed between 72” to 78” above finish
grade.
d. A Knox key switch for driveway or access road automatic gates.
e. All fire apparatus and access requirements must be met.
f. Adequate water supply serving the Fire Protection System shall be
verified with Marin Municipal Water District.
g. The applicant shall provide exit signage, panic hardware, and
emergency backup lighting for all required exit doors.
h. Applicant shall provide fire extinguishers per CFC requirements.
10. The applicant shall comply with Department of Public Works (DPW)
Standard Conditions of approval as noted in Memorandum dated May 28,
2019, which includes the following:
a. Any work within the Right-of-Way shall require an encroachment
permit and would include outdoor license review by DPW.
b. Prior to occupancy of new building, an elevation certificate and
floodproofing certificate shall be submitted to the Department of
Public Works.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting
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of the Sa Rafael City Council held on the 6th day of April 2020, by the following
vote to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk