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HomeMy WebLinkAboutPlanning Commission 2017-09-26 Agenda Packet  Sign adv  Pub 415  To a from Any rec Commu the me THE PL TO ME 11:00 P UNANI AGEND SUBDI DEPOS ADDIT CALL PLED RECO APPR PUBL URGE Anyon Comm CON 1 PUB 2 . DIRE COM ADJO I. II. n interpreters an vance. Copies of blic transportation 5/454-0964. allow individuals m wearing scented p cords relating to an unity Development eeting. LANNING COMMI EAN THAT NO AGE P.M. THE COMMI IMOUS VOTE OF DA ITEMS WITHIN IVISION. AN APPE SIT (FOR APPLICA TIONAL CHARGE F L TO ORDER DGE OF ALLE ORDING OF M ROVAL OR RE LIC NOTIFICA ENT COMMUN ne with an urge munity Develop NSENT CALE 1. Minutes 9 LIC HEARIN 2. 7000 No within the Rawlings Alicia Giu CTOR’S REPO MISSION COM OURNMENT Next Meeti I, Anne De Commissio nd assistive listen f documents are n to City Hall is a s with environmen products. n agenda item, rece t Department, Third SSION WILL TAKE ENDA ITEM OR OT SSION MAY SUSP THE MEMBERS P N FIVE BUSINESS EAL LETTER SHAL ANTS) MADE PAY FOR REQUEST FO GIANCE MEMBERS PRE EVISION OF O ATION OF MEE NICATION ent communica pment Director ENDAR 9/12/17 GS orthgate Driv e existing mo s/MGP XI No udice ORT MMUNICATION ing: October 10 rrick, hereby ce on meeting on t SA TU COUNCIL ning devices may available in acce available through ntal illness or mu eived by a majority d Floor, 1400 Fifth A E UP NO NEW BUS THER BUSINESS PEND THIS RULE RESENT.APPEAL DAYS (NORMALL LL BE FILED WITH YABLE TO THE CIT OR CONTINUATIO ESENT AND A ORDER OF AG ETING PROCE ation on a topic in advance. ve (Century T ovie theater orthgate LLC N 0, 2017 ertify that on F the City of San AN RAFAEL P REGU UESDAY, Septe CHAMBERS, SAN RAF y be requested by essible formats u h Golden Gate Tr ultiple chemical s or more of the Age Avenue, and place SINESS AFTER 11 WILL BE DISCUSS TO DISCUSS AND RIGHTS: ANY PE LY 5:00 P.M. ON TH H THE CITY CLER TY OF SAN RAFAE ON OF AN APPEAL ABSENT ENDA ITEMS DURES c not on the age Theaters) –U ; APN: 175-0 C, applicant/ riday, Septemb n Rafael Agend AGENDA PLANNING CO ULAR MEETIN ember 26, 201 CITY HALL, 1 FAEL, CALIFO y calling 415/485 upon request. ransit, Line 20 or sensitivity to atten ency Board less tha d with other agend 1:00 P .M. AT REG SED OR ACTED U D/OR ACT UPON A ERSON MAY FILE HE FOLLOWING T RK, ALONG WITH A EL, AND SHALL SE L BY APPELLANT. enda may addr Use Permit A 060-67; GC owner; Case ber 22, 2017, da Board. OMMISSION G 17, 7:00 P.M. 400 FIFTH AV RNIA 5-3085 (voice) or r 23. Paratransit nd the meeting/h an 72 hours before da-related materials GULARLY SCHEDU UPON AFTER THE ANY ADDITIONAL E AN APPEAL OF T TUESDAY) AND W AN APPEAL FEE O ET FORTH THE BA ress the Comm Amendment (General Co e Number(s) I posted a noti VENUE r 415/ 485-3198 t is available by c hearing, individua e the meeting, shall s on the table in fro ULED MEETINGS. E AGENDA ITEM U AGENDA ITEM(S) THE PLANNING CO WITHIN 10 CALEND OF $350 (FOR NON ASIS FOR APPEA mission at this t t to allow the ommercial) ): UP17-021 ice of the Septe (TDD) at least 7 calling Whistlesto als are requested l be available for in ont of the Council C THIS SHALL BE UNDER CONSIDER ) DEEMED APPRO OMMISSION'S AC DAR DAYS OF AN N-APPLICANTS) O L. THERE IS A $5 time. Please n e sale of bee District; Stev . Project Pl ember 26, 201 72 hours in op Wheels at d to refrain spection in the Chamber prior to INTERPRETED RATION AT OPRIATE BY A CTION ON ACTION ON A OR A $4,476 50.00 otify the er and wine ve anner: 17 Planning   IN THE CO       Regula       San Ra   For a com   CALL TO    Present: Absent: Also Pres   PLEDGE   RECORD   APPROVA   PUBLIC N   URGENT   CONSEN    1. Mi   Mark Luba the Minute   AYES: NOES: ABSTAIN ABSENT: OUNCIL CHAM   ar Meeting  afael Plannin mplete video o O ORDER Larry P Barret Jeff Sc Mark L Beren Sarah Jack R sent: Raffi B Barry Justin Kristi B OF ALLEGIA DING OF MEM AL OR REVI NOTIFICATIO COMMUNIC T CALENDA inutes 7/27/1 amersky mov es from 7/27/ Larry P Chair, None : None Jack R MBERS OF TH g Commissio of this meetin Paul t Schaefer choppert Lubamersky ice Davidson Loughran Robertson Boloyan, Plan Miller, Contra Shiu, Associa Bascom, Prin ANCE MBERS PRES SION OF OR ON OF MEET CATION AR 7 ved and Jeff S 17 to 7/25/17 Paul, Barrett Sarah Lough Robertson HE CITY OF SA n Minutes  ng, go to http , Chair ning Manage act Planner ate Planner, M cipal, M Grou SENT AND A RDER OF AG TING PROCE Schoppert sec 7. The vote is Schaefer, Jef hran AN RAFAEL, Se p://www.city er M Group up ABSENT ENDA ITEMS DURES conded to app as follows: ff Schoppert, eptember 12 yofsanrafael. S prove Minute Mark Lubam 2, 2017  .org/meeting s with correct ersky, Bereni gs  ted date chan ice Davidson   nge of ,       PUBLIC HEARINGS    2. General Plan 2040 – Presentation on upcoming General 2040 and selection of Planning Commissioner representative and alternate to General Plan Steering Committee. Project Planner: Barry Miller   Staff Report   Contract Planner Miller presented the process for the upcoming General Plan 2040. He asked the Commissioner to Select a Primary Steering Committee Member and Alternate Steering Committee Member   Jeff Schoppert moved and Larry Paul seconded to select Berenice Davidson as the Primary Steering Committee member for the General Plan 2040 Steering Committee. The vote is as follows:   AYES: Larry Paul, Barrett Schaefer, Jeff Schoppert, Mark Lubamersky, Berenice Davidson, Chair, Sarah Loughran NOES: None ABSTAIN: None ABSENT: Jack Robertson   Sarah Loughran moved and Larry Paul seconded to select Commissioner Jeff Schoppert as the Alternate Steering Committee Member for the General Plan 2040 Steering Committee. The vote is as follows:   AYES: Larry Paul, Barrett Schaefer, Jeff Schoppert, Mark Lubamersky, Berenice Davidson, Chair, Sarah Loughran NOES: None ABSTAIN: None ABSENT: Jack Robertson    3. Second Dwelling Unit/Accessory Dwelling Units – Study Session regarding options in the revision of the City’s Accessory (Second) Dwelling Unit Ordinance; Citywide, City of San Rafael, applicant, Case File (s): P17-009/ZO17-002. Project Planner: Raffi Boloyan   Staff Report   This was a Study Session, so no vote on this item. The Commission gave its comments on the Second Dwelling Unit Ordinance. The consensus from the Commission was to keep the Ordinance simple, adhere to State law and monitor the effect and progress over time.   DIRECTOR’S REPORT   COMMISSION COMMUNICATION   ADJOURNMENT   ___________________________________ ANNE DERRICK, Administrative Assistant III APPROVED THIS_____DAY____OF_______, 2017 _____________________________________ Berenice Davidson, Chair                               Community Development Department – Planning Division Meeting Date: September 26, 2017 Agenda Item: Case Numbers: UP17-021 Project Planner: Ali Giudice 415-485-3092 REPORT TO PLANNING COMMISSION SUBJECT: 7000 Northgate Drive (Century Theaters) –Use Permit Amendment to allow the sale of beer and wine within the existing movie theater; APN: 175-060-67; GC (General Commercial) District; Steve Rawlings/MGP XI Northgate LLC, applicant/owner; Case Number(s): UP17-021. EXECUTIVE SUMMARY The application is a Use Permit Amendment request to allow the sale of beer and wine within an existing movie theater located in the Northgate Mall. The property is located at 7000 Northgate Drive on the southern half of the mall near Sears (see attachment 1). The property has a GC (General Commercial) Zoning District designation and is developed as a commercial shopping mall. A use permit was issued in 1994 for operation of a 15-screen movie theater within the shopping center. In 2008, the mall received approval for major mall renovations and in 2013, the Planning Commission approved modifications to the Master Use Permit for the Northgate Mall. Those approvals did not change the use allowed for the Century Theater tenant space. .A Use Permit Amendment has now been filed by the applicant to allow the sale of beer and wine within all 15 auditoriums of the theater. Adding beer and wine service to movie theaters has been a common trend throughout California over the past few years. Locally, the Cities of Fairfax, and Novato have approved this type of use. The City of Petaluma and the City of Napa have also approved this type of use permit and currently have theaters operating with beer and wine service with no problems noted to date. The proposed project has been reviewed by other Departments including the San Rafael Police Department (SRPD). Conditions of approval recommended by the SRPD have been included as conditions of approval. RECOMMENDATION It is recommended that the Planning Commission adopt a resolution (Attachment 2) conditionally approving a Use Permit Amendment (UP17-021) to allow the sale of beer and wine within all auditoriums of an existing movie theater. PROPERTY FACTS Address/Location: 7000 Northgate Drive (within 5800 Northgate Drive) Parcel Number(s): 175-060-67 Property Size: 42 acres Neighborhood: Northgate Mall Tenant Space size 45,000 square feet (15 Theaters) Site Characteristics REPORT TO PLANNING COMMISSION - Case Nos: UP17-021 Page 2 General Plan Designation Zoning Designation Existing Land-Use Project Site: General Commercial GC Movie Theater North: General Commercial;Office GC;O;C/O Commercial South: Office;Medium & Low Density Residential PD1821;PD1635;R7.5EA;O Residential and Office East: General Commercial;Public/Quasi- Public GC;P/QP Shopping Center; Cemetery West: Open Space;Office;High Density Residential O;PD1639 Open Space/Residential and Office Site Description/Setting: The project site consists of two tenant spaces containing a combined area of 45,000 square feet located within an existing multi-tenant shopping center (Northgate Mall). The shopping center sits on 42 acres in Terra Linda and is surrounded by shopping center parking on all four sides of the existing mall building. Beyond that, the shopping center is surrounded by commercial/office uses to the north, residential office to the south and west and commercial and a cemetery to the east. Tenant spaces immediately adjacent to the theater units include Sears located to the south, and retail and food service establishments located to the north. BACKGROUND On March 29, 1994, the City of San Rafael Planning Commission approved a Use Permit (UP93-61) and Environmental and Design Review (ED93-129) to allow a 15-screen movie theater within the two tenant spaces that are the subject of this use permit amendment. The use permit was vested within the required time limit established under the approval and the movie theater is currently in operation. On April 21, 2008, the City Council approved Master Use Permit (UP07-056) and Environmental and Design Review (ED07-090) for major mall renovations. This approval did not change the area dedicated to Century Theater. On October 15, 2013, the Planning Commission approved a revised Master Use Permit (UP13-001) approval to repurpose the vacated Rite Aid building and reduce the parking ratio. No changes to Century Theater were made. On July 12, 2017, the City of San Rafael, received an application for Use Permit Amendment to allow the sale of beer and wine within all 15 auditoriums of the movie theater. No exterior changes are proposed. PROJECT DESCRIPTION As discussed above, the applicant is requesting Use Permit Amendment to allow the sale of beer and wine within all 15 auditoriums of the movie theater. The movie theater will operate Seven (7) days a week, between the hours of 10:00 am to 1:00am. The applicant proposes to have a designated area at the concession counter that would be dedicated to beer and wine sales. This designated area would not serve other concession food items. The applicant also proposes that alcoholic beverages may be sold by wait staff in the spectator areas with the following limitations:  Only persons occupying seats in the designated theaters will be permitted to order and be served alcoholic beverages REPORT TO PLANNING COMMISSION - Case Nos: UP17-021 Page 3  Orders from patrons seated in these theaters must be made to the wait staff serving that area and the must be delivered to the patron by the wait staff who took the order.  The wait staff shall not carry a supply of unordered alcoholic beverages. ANALYSIS San Rafael General Plan 2020 Consistency: Staff has evaluated the project and found it to be consistent with the following applicable General Plan 2020 Policies and Programs:  Policy LU-23 (Land Use Map): The project site has a Land Use Designation of General Commercial. This designation allows general retail and service uses, restaurants, automobile sales and service uses, and hotels/motels. The existing theater was deemed appropriate when it was approved in 1993 is continues to be an allowable with a use permit within the General Commercial Zoning district. The requested use permit amendment to allow the sale of beer and wine will not change the primary use of the tenant.  Policy EV-2 (Seek, Retain, and Promote Businesses that Enhance San Rafael): Recruit and retain businesses that contribute to our economic vitality, thus helping to provide needed local goods, services and employment, and enhance the City’s physical environment. Century Theaters has been at this location since mid-1990s. Other Theaters located in the County (Fairfax, Novato) have received approvals to allow the sale of beer and wine. The proposed sale of beer and wine within the Century Theaters site at 7000 Northgate Drive will allow Century Theater to remain competitive with other nearby theaters that have been approved to allow such a service.  Policy NH-133 (Northgate Mall) – Revitalize the economic health of the Northgate Mall and surrounding business areas. The proposed sale of beer and wine within the Century Theaters site at 7000 Northgate Drive will allow the Century Theater to offer an additional range of beverage products and remain competitive with other nearby theaters that have been approved to allow such a service. Consistency with Zoning Applicable Sections of the Zoning Ordinance are discussed below: Zoning Code Section 14.05.202 - Land Use Regulations The project site is located in a General Commercial (GC) zoning district. Theatres and the sale of beer and wine (see definition of cocktail lounge) are a conditionally permitted uses in the GC (General Commercial) District, subject to Planning Commission review and approval. There are no development standards identified for movie theaters or for the sale of beer and wine within movie theaters. However, the approval of UP93-61 included conditions of approval that addressed the potential issues related to security, noise, and parking (see attachment 4). These conditions will continue to apply to the project and are reiterated within the text of the Planning Commission Resolution (Attachment 5). Additional conditions of approval have been added to assure alcoholic beverage sales are conducted responsibly and in compliance with the Department of Alcoholic Beverage Control (ABC) by requiring compliance with standard conditions required by the ABC. These standard conditions include amongst others: require establishing a designated point of sale area (not within the auditorium); outlining how delivery of alcoholic beverages to spectator areas will occur; limiting the number of alcoholic beverage sales to be sold to any person; requiring a method of identification for those patrons that have been verified to be over 21; and using unique container for the service of alcoholic beverages. REPORT TO PLANNING COMMISSION - Case Nos: UP17-021 Page 4 The proposed application requesting approval to add the sale of beer and wine to an existing movie theater use was routed to other departments, including the San Rafael Police Department (SRPD). The SRPD responded with a written memo dated July 20, 2017 (Attachment 5), which states that SRPD does not have issues with adding the sale of beer and wine to the existing theater use. However, two additional conditions of approval are recommended to include:  Surveillance cameras required in and around the area where alcohol is served  One year review of alcohol related calls for service at the establishment. These conditions are included in the Planning Commission’s Resolution (Attachment 2). Planning staff reached out to two other Cities (Petaluma and Napa) that have movie theaters that have been operating with an active use permit to allow the service of beer and wine within the theater. There have been no issues reported since adding this service to those theaters. Use Permit Findings Zoning Code Section 14.02.080 As noted above the sale of beer and wine within the existing movie theater requires a Use Permit approval by the Planning Commission pursuant to Condition of Approval. Before authorizing the proposed use, the Planning Commission will need to make the following findings: A. That 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 located; B. That 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; C. That the proposed use complies with each of the applicable provisions of the zoning ordinance. These findings can be made as noted in the attached resolution (Attachment 5). ENVIRONMENTAL DETERMINATION The project proposes to add beer and wine service to an existing move theater facility. This activity is deemed to be categorically exempt from environmental review per California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities). NEIGHBORHOOD MEETING / CORRESPONDENCE Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site 15 calendar days prior to the date of all meetings, including this hearing. The City has received not received correspondence as of the writing of this staff report. OPTIONS The Planning Commission has the following options: 1. Approve the application as presented with conditions(Staff recommendation) 2. Approve the application with certain modifications, changes or additional conditions of approval. 3. Continue the applications to allow the applicant to address any of the Commission’s comments or concerns 4. Deny the project and direct staff to return with a revised resolution REPORT TO PLANNING COMMISSION - Case Nos: UP17-021 Page 5 EXHIBITS 1. Draft Resolution 2. Vicinity/Location Map 3. Applicants submittal packet 4. Planning Commission Staff Report (UP93-61), March 29, 1994 5. Police Department Memo, dated July 20, 2017 6. Planning Commission public notice and mailing list 1 RESOLUTION NO. ______ RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION CONDITIONALLY APPROVING A USE PERMIT AMENDMENT (UP17-021) TO ALLOW A THE SALE OF BEER AND WINE (COCTAIL LOUNGE USE) WITHIN THE EXISTING 45,000 SQUARE FOOT CENTURY THEATRE LOCATED IN THE NORTHGATE MALL SHOPPING CENTER AT 7000 NORTHGATE DRIVE APN: 175-060-67 WHEREAS, on March 29, 1994, the Planning Commission approved with conditions, Use Permit UP93-61 to allow a 15-screen, 45000 square foot movie theater within the Northgate Mall shopping center; and WHEREAS, on April 21, 2008, the City Council approved Master Use Permit (UP07- 056) and Environmental and Design Review (ED07-090) for major mall renovations, which did not change the area dedicated to Century Theater. WHEREAS, on October 15, 2013, the Planning Commission approved a revised Master Use Permit (UP13-001) approval to repurpose the vacated Rite Aid building and reduce the parking ratio, which did not include changes to Century Theater. WHEREAS, on July 12, 2017, Steve Rawlings, on behalf of Century Theaters, submitted a Use Permit Amendment application requesting approval to allow the sale of beer and wine within the existing movie theater approved by UP93-61; and WHEREAS, the project qualifies as an exempt project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(Existing Facilities) which exempts minor changes to existing operations with no modifications to the building; and WHEREAS, the proposed Use Permit application was reviewed by the City’s Building Division, Fire Department and Police Department and was recommended for conditional approval; and WHEREAS, on September 26, 2017, the San Rafael Planning Commission held a duly- noticed public hearing on the proposed Use Permit Amendment, 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, 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 Planning Commission of the City of San Rafael hereby approves the Use Permit Amendment (UP17-021) to allow the sale of beer and wine (Cocktail Lounge Use) with the existing 45,000 square foot Centruy Theater, based on the following findings: Use Permit (UP17-021) Findings 1. The requested use permit amendment is consistent with the General Plan, the objectives of the Zoning Ordinance, and the purpose of the GC (General Commercial) Zoning District in which the site is located for the following reasons: a) Policy LU-23 (Land Use 2 Map): The project site has a Land Use Designation of General Commercial. This designation allows general retail and service uses, restaurants, automobile sales and service uses, and hotels/motels. The existing theater was deemed appropriate when it was approved in 1993 is continues to be allowable with a use permit within the General Commercial Zoning district. The requested use permit amendment to allow the sale of beer and wine will not change the primary use of the tenant; b) Policy EV-2 (Seek, Retain, and Promote Businesses that Enhance San Rafael): Recruit and retain businesses that contribute to our economic vitality, thus helping to provide needed local goods, services and employment, and enhance the City’s physical environment. Century Theaters has been at this location since mid-1990s. Other Theaters located in the County (Fairfax, Novato) have received approvals to allow the sale of beer and wine. The proposed sale of beer and wine within the Century Theaters site at 7000 Northgate Drive will allow the Century Theater to remain competitive with other nearby theaters that have been approved to allow such a service; c) Policy NH-133 (Northgate Mall) – Revitalize the economic health of the Northgate Mall and surrounding business areas. The proposed sale of beer and wine within the Century Theaters site at 7000 Northgate Drive will allow the Century Theater to offer an additional range of beverage products and remain competitive with other nearby theaters that have been approved to allow such a service. 2. The request use permit amendment to allow the sale of beer and wine within the existing theatre would not be detrimental to the public health, safety and welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City. The request to add the sale of beer and wine to an existing movie theater use was routed to other departments, including the San Rafael Police Department (SRPD). The SRPD responded with a written memo dated July 20, 2017, which states that SRPD does not have issues with adding the sale of beer and wine to the existing theater use. However, two additional conditions of approval are recommended to include:  Surveillance cameras required in and around the area where alcohol is served  One year review of alcohol related calls for service at the establishment. Other conditions of approval have been applied to minimize potential impact including:  Requiring the applicant to maintain a valid Department of Alcoholic Beverage Control(ABC) license.  Require applicant to comply with standard conditions of approval required by ABC. Other Cities that have approved such a use have noted that no issues associated with the sale of beer and wine have been reported since adding this service to theaters. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance as follows: The project site is located in a General Commercial (GC) zoning district. Theatres and the sale of beer and wine (see definition of cocktail lounge) are a conditionally permitted uses in the GC (General Commercial) District, subject to Planning Commission review and approval. There are no development standards identified for movie theaters or for the sale of beer and wine within movie theaters. However, the approval of UP93-61 included conditions of approval that addressed the potential issues related to security, noise, and parking. These conditions will continue to apply to the project and are incorporated Additional conditions of approval have been added to assure alcoholic beverage sales are conducted responsibly and in compliance with the Department of Alcoholic Beverage Sales. 3 BE IT FURTHER RESOLVED, the Planning Commission’s approval is subject to the following conditions of approval: Use Permit (17-021) Conditions of Approval Community Development Department - Planning Division 1) This Use Permit Amendment is granted to allow the sale of beer and wine only (no hard alcohol) for on-site consumption within all 15 auditoriums of the 45,000 square foot Century Theater. Hours of operation will be 10:00 am to 1:00am, 7 days a week. Any change in use shall require an amendment to this Use Permit. 2) All relevant conditions of approval adopted as part of the approval of Use Permit UP93-61 shall remain effective as applicable. 3) Prior to initiating the services of beer and wine within the existing movie theater, the applicant shall install surveillance cameras in and around the area where alcohol is served to the satisfaction of the San Rafael Police Department. 4) The applicant shall be subject to a one year review of alcohol related calls for service at the establishment. Additional security measures may be required at that time. 5) The applicant shall maintain a valid Department of Alcoholic Beverage Control(ABC) license. 6) The applicant shall comply with standard conditions of approval required by ABC. The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission held on the ____ day of _______________ 2017. AYES: NOES: ABSTAIN: ABSENT: SAN RAFAEL PLANNING COMMISSION ATTEST: __________________________ BY: __________________________ Paul Jensen, Secretary Berenice Davidson, Chair