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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