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HomeMy WebLinkAboutCD Ritter Center Performance Report 2014CITY of Agenda Item No: 5.b n. Meeting Date: March 17, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: --*f - Paul A_Jensen (CP) City Manager Approval: SUBJECT: 12-16 Ritter Street (Ritter Center Performance Report) -- Review of: a) six-month Performance Report on the Ritter Center adherence to the Use Permit operational conditions of approval regulating client limits, litter control, security and police service calls to the facility (six -months of operation between May 2013 and October 2013; and b) overall condition compliance for Use Permit UP13-030. APN #011-272-13 (12 Ritter, Richard and Velma Bottarini, owners) and APN #011-271-04 (16 Ritter Street, Orlando and Ruth Brovelli Trust, owners; Second/Third Mixed Use East (2/3 MUE) District. Peter Lee, Ritter Center, applicant. File No. UP13-030. RECOMMENDATION: 1. Accept report 2. Accept public comments 3. Provide direction to staff on next steps BACKGROUND History: The Ritter Center has been in operation at its current location since 1981, providing a variety of services and resources, free of charge to the working poor and homeless, The Ritter Center is located in four buildings/modulars housed on two contiguous lots located on the south side of Ritter Street. As described below, the center provides various functions and services housed in the four buildings see Exhibit 1), including case management, behavioral health, day services, food pantry, emergency clothing/Goodwill Gift certificates and seasonal programs (Thanksgiving and Christmas): • Ritter Center (16 Ritter): Offices and food pantry distribution • Bouchard Building (16 Ritter): Case Management (5 offices) and a conference room Day Services Center (DSC) (12 Ritter): Showers, laundry, and restrooms (prior to the use permit amendment to install the new medical modular in 2012. the DSC also served as the medical clinic. After use permit amendment UP11-070 was approved, the medical services were transferred to the new modular and the DSC was limited to showers, laundry and restrooms. 0 Medical Modular Building (12 Ritter): Medical clinic [-he 16 Ritter St address (APN #011-272-04, owned by Orlando and Ruth Brovelli Trust) was originally b�_Jiit as a single family horne converted to office use in 1973. There \,vas no Use Permit history for the site until 1992, when the Human Concern Center applied for a temporary Use Permit (UP92-32,'ED92- 52'} to install an 879 square foot trailer on site, to the rear of the existing building at 16 Ritter- The City approved a Use Permit and Design Review Permit for the trailer to be used as office space/counseling. The adjacent lot a at 12 Ritter St (.APN #,011-273-13). owned by Richard and VeIrna Bottarini) was File No.: Council Meeting: - �­­ Disposition SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 vacant until 1993, when the City approved a Use Permit and Design Review Permit for a 1,100 sq. Ft. temporary trailer to be used for day services (UP93-16/ED93-15). In 2000, the City approved a Design Review Permit to replace this trailer with a new 1,452 sq. ft. trailer. Both lots have always been viewed as one site in terms of services, but it was not until 2004 that both lots came under review as one cohesive Use Permit application, supported by both property owners. At that time, the Planning Commission approved a Use Permit amendment for 12-16 Ritter St (UP04-005). The purpose of the amendment was to modify several conditions of approval from previous Use Permits since they were no longer applicable or necessary. Planning Commission Resolution # 04-26 references the 1993 approved Use Permit operating at 12-16 Ritter Street and in effect consolidated all Ritter services under one operational use permit. All services listed in UP04-005 are still part of current Ritter Center services. The current lease agreements for the Ritter Center site are scheduled to expire on both properties. For 12 Ritter (Day Service Center and medical modular trailer, APN #011-272-13), the lease will expire on May 14, 2016. For 16 Ritter Street (APN #011-271-04), the lease will expire on December 31, 2015. Ritter is also leasing the medical modular trailer itself from Pacific Mobile, and that lease will expire on October 14, 2016. The Ritter Center also leases 1,800 sq. ft. of administrative office space in the building directly across the street at 815 Third Street. This space was previously approved for a temporary Use Permit to be used as a client screening and pick-up location for the 2011-2012 Rotating Emergency Shelter (REST) Program. The Use Permit to allow the pick-up and screening for the REST Program (UP11-067) expired on April 2. 2012. The Ritter Center site is surrounded by a variety of land uses, including a vehicle fuel/service station, auto repair, retail auto parts and accessories, TV repair, a retail beverage store, office use and surface parking. Current Use Permit (UP13-030): On February 14, 2012, the Planning Commission approved a Use Permit amendment and Design Review amendment (UP1 1-070/ED1 1-089) for the Ritter Center site to allow the installation of a new medical modular building on site. The Use Permit amendment allowed the relocation of the existing medical clinic space from the Day Services Center (DSC) modular to the new 933 -square -foot modular. The new clinic space was approved to include three exam rooms, a larger waiting room and medical offices. The total number of clients served (laundry/showers services and medical services) was increased from the 40 clients/day approved in 2004 (UP04-005), to 65 clients/day, averaged over one week. The approved hours of operation for the Ritter Center remained 6:00 am to 8:00 pm, seven days a week, dating back to the original use permit approval in 2004. Current operating hours for the DSC and the medical clinic are 9:00 am to 5:00 pm, Monday through Friday, and some occasional Saturday morning women's medical clinic hours. The PC decision was appealed to the City Council. On April 2, 2012, the City Council adopted Resolution No. 13321 upholding the Planning Commission action to grant a Use Permit amendment (UP11-070) for the Ritter Center (see Exhibit 2), but reducing the total number of clients served by the DSC and the medical modular from 65 clients to a total of 60 clients per day, averaged over one week. Resolution 13221 combined all of the uses of the past Use Permits granted for the Ritter Center into one Use Permit. Resolution 13321 also required that Ritter Center to submit a Perfo,man ;e Report to the City Council every six months to report on Ritter Center's adherence to operational requirements incorporated into Use Permit conditions of approval (COA) regulating: Total client caseload limits (Use Permit COA #5). Litter control ;Use Permit GOA #8). Security measures (Use Permit COA #13) and Police Department service calls to the facility (Use Permit COA #16). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Staff presented the first Performance Report to the Council on June 17, 2013, covering Ritter's operation between October 2012 (the first month of operation after the approved use permit amendment) and April 2013. The Council expressed concern over the method of tallying the daily client caseload, which was based on a seven day work week operation rather than on the actual operational days the Center was open for business during a given week. After discussion and public comment, the City Council accepted the Performance Report with the following directions: 1. Amend COA #5 to stipulate that the daily client caseload tally for the DSC and the medical modular - be no more than 60 clients per day, averaged over the operational days during a given week instead of being averaged over a 7 -day work week. 2. Hold a Zoning Administrator hearing to memorialize the change to COA #5. 3. Schedule the next six month Performance Report (for operations between May 2013 to October 2013) to review the operational activities to ensure consistency with all Use Permit conditions of approval as well as review all Ritter Center activities on site, accept public comments and ascertain whether the use is still consistent with the City approvals. On September 18, 2013, the Zoning Administrator held a hearing to amend Use Permit language in COA #5 as directed by the Council. The amended Use Permit (with anew Use Permit number UP13- 030) changed the language in COA #5 to read as follows: "Client caseload for the existing Day Services Center (DSC) and services in the new modular are limited to a total of 60 clients/day, averaged over the operational work week. For the purposes of this condition, an "operational_" is defined as a day during which the Day Services Center or the medical modular building is open to clients for services. (See Exhibit 3: Zoning Administrator minutes). Other than the change to COA #5, all other permit conditions in Resolution 13221 remained the same. The specific conditions related to the preparation of the performance report are listed below in italics, per UP13-030: Condition of Approval # 5: "Client caseload for the existing Day Services Center (DSC) and services in the new modular are limited to a total of 60 clientslday, averag d over the operational work 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. Condition of Approval #15: "On-going compliance with all conditions of approval shall be requires; to keep the Use Permit Amendment valid. This Use Permit (UPI3-030)may be called to hearing at any time by the Planning Division in order to review compliance with the Conditions of Approval. Condition of Approval # 16: `Six (6) months from the date of occupancy and operation, a performance reporfi shall be prepared by the Planning Division and shall continue to be prepared every six titonths thereafter. This performance repert shall report on the Center's adherence to the operational conditions of approval regulating client limits, litter control and seci.rrity. and shall include a tracking of the numbers of police service calls to the facility. Once completed. the performance repoifs shall he forwarded to the Planning Commission and City Council. If during the course of monitoring, it is determined that the Ritter Center is out-of-c(rnpliance with conditions of approval. the City can schedule the Use Permit for a City Council public hearing.' This staff report presents the findings of the six-month Performance Report for Ritter Center operations running between April 2013 and October 2013. The purpose of the six-month performance report is to review specific questions as outlined in COA #16. In addition to this information, staff requested that SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Ritter Center provide additional up-to-date background information about overall services provided at the Ritter Center and a snapshot of typical daily site operations. This supplemental information is attached (see Exhibit 4: Ritter Center Report to City Staff). Per the Council's direction at the June 17, 2013 hearing, as part of this Performance Report review, the Council will also review all Ritter Center operations on site and accept public comments to ascertain whether the use is still consistent with the City approvals. The ability to bring the entire Use Permit up for review is delineated in COA #15, which states, "On-going compliance with all conditions of approval shall be required to keep the Use Permit Amendment valid. This Use Permit (UPI3-030)maybe called to hearing at any time by the Planning Division in order to review compliance with the Conditions of Approval. " ANALYSIS Six Month Performance Report: The second six-month Performance Report has been completed by staff. This performance report covers operation of the Day Services Center (DSC) and the medical modular building from May 2013 through October 2013. It does not review any other services offered at the Ritter Center site and the performance report was not conditioned to address these services. The findings demonstrating compliance with the Use Permit conditions of approval are provided as follows.- Condition ollows: Condition of Approval #5 - The Ritter Center staff has provided planning staff with monthly client caseload tally reports on the number of clients served at the DSC and the medical modular during the six-month period from May 2013 through the end of October 2013 (see Exhibit 5). The tally sheets are signed by Ritter staff and submitted under penalty of perjury. As previously reported to the City Council, City Code Enforcement staff does not conduct surveys to confirm the number of clients served at Ritter. The months of May 2013 and June 2013 report the client caseload averaged over the 7 -day work week per the previously approved use permit (UP11-070) COA #5. The change to COA #5 was not implemented until after the Council's review of the June 17,, 2013 performance report. As such, the first reporting period averaging the client caseload over the "operational work week" commenced in July 2013. The tally sheets also include information on the number of clients served each day of the week, and whether the "overflow management plan" was implemented. Staff finds that based on the client caseload tallies submitted by Ritter staff, the Ritter Center did not exceed the client caseload limit and is in compliance with the condition of approval. Condition of Approval #15 - Based on the information submitted by the Ritter Center, staff finds that between April 2013 and October 2013, Ritter Center Day Services Center [DSC] and the medical modular have generally operated within the parameters and conditions of the approved Use Permit UP13-060. See detailed discussion under findings for Condition of Approval #16 below. Condition of Approval #16: As described above, this condition requires that the 6 -month performance report demonstrate compliance with the following five conditions. The Ritter Center staff has submitted a report responding to each bullet point listed below (see Exhibit 4: Ritter Center Report to City staff), and staff summarizes findings on overall compliance at the end of the section. Client limits: Use Permit COA #5 stipulates that: "Client caseload for the existing Day Services Center (DSC) and services in the new modular are limited to a total of 60 clients/day. averaged over the operational work week. - This "one week average" is based on the actual days the Ritter Center is opened. The approved Use Permit has always allowed the center to be open 7-days/week, but Ritter Center staff has indicated that due to limited staffing, the actual operational hours for the DSC and the medical modular are primarily 5 daysiweek, Monday through Friday only. Ritter has also offered a Women's Clinic service on a limited basis on Saturdays., but no Saturday clinics were offered between May 2013 and October 2013. The numbers reported in Table 1 reflect only clients using iaundry,'shower services at the DSC and SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 clients using services at the medical modular. Other services provided at Ritter are not included in the client count. Clients using the laundry/shower services are by appointment only and are capped at 40 clients/day. Note that in addition to the information below, the client caseload tally sheets are attached (see Exhibit 5). Please note again that the months of May 2013 and June 2013 still report the number of clients based on the 7 -day work week. There was a range in the total number of daily clients seen each month: TABLE 1: Ritter Center Client Caseload for DSC and Medical Modular (May 2013 - October 2013) Month Average caseload TAverage caseload over Max Allowed ------over 7 days operational days Use Permit _ Lowest Highest Lowest Highest May 2013_ 37.3 44.7 j - - 60 June 2013 July 2013 38_1- _ 44 - _ - _ 47 57 60 60 Aug201342.4 Sep 2013 42.4 42.8 53.8 52 60 60 Oct 2013 - 37 52 _ 60 A- Overflow Management Plan (OMP): Pursuant to Use Permit COA #17, Ritter established a "Client Overflow Management Plan" (see Exhibit 6). Draft language for the OMP was reviewed by the Planning Division and the City Attorney per Use Permit COA #17 prior to finalization as a condition. COA # 17 specifically stated the following: "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." The original goal of the OMP was to help manage the number of Ritter clients using the medical modular on site in the event there were more clients seeking medical services than Ritter staff could accommodate or the site exceeded the maximum number of clients established by the Use Permit. The OMP was not intended to apply to clients using other services at Ritter Center. The intent of the OMP was to reduce the number of medical clients having to wait for long periods of time in the vicinity of the site, or leave the site and possibly wait in other areas of Downtown. The protocol for managing the overflow is described as Procedure #5 in the client overflow plan, and states the following: "If need exceeds demand for available space in the Ritter Health Center (i.e., more patients arrive after maximum registrations have been accepted), drop-in patients will be offered an appointment for the following day, or given a cab voucher and referred to the Marin General Emergency Roorn or Marin Community Clinics depending orr the severity of the condition. " Based on information in Exhibit #5, the OMP was not enacted during the 6 month reporting period between April 2013 and October 2013. Litter control: Use Permit COA #8 stipulates that: '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." Ritter Center has indicated in their report (Exhibit 4) that litter abatement is conducted each workday. Monday through Friday. Securit: Use Permit COA #13 stipulates that "the DSC continue to maintain a security program during operating hours.' Ritter Center has indicated in their report (,See Exhibit 4) that they have contract with Barbier Security to have a uniformed certified security guard on-site eight hours each business day normally Monday through Friday for a total of 40 hours each week. The security guard is generally on-site at Ritter from 9am-5pm with a break for lunch. Police De artmentct/s for service: Use Permit COA #16 stipulates that the performance report 'shall include a tracking of police service calls to the facility." The Community Development Department submitted an information request to the Police Department (SRPD) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 to provide statistics on the number of service calls to the Ritter Center, and requested that they provide an overview of conditions on the site and nearby properties. Lieutenant Ralph Pata submitted a report which is included as Exhibit 7. The report indicates that calls to Ritter Center between May 2013 and October 2013 dropped by 25% from the previous 6 month period (October 2012 to April 2013). The report also provides information about service calls to the project vicinity. Lieutenant Pata also cautions that "there may be a number of variables that could impact the metrics, including non -reporting of an incident, removal of a bench, time of year, weather, special operations and private security." The report also provides information about service calls in and around the project vicinity, which will be discussed on page 6 of this report under "Overall Review of Ritter Center Use Permit." Staff has reviewed the client caseload tally sheets and determined that Ritter Center has complied with the daily client caseload limit of 60 clients/day averaged over an operational work week. The highest number of clients served over any given operational work week was 57 clients in July 2013. There were instances where the daily numbers did exceed this weekly average cap, with the highest number of clients served on any given day being 78 clients served on May 28, 2013. However, Ritter's report indicated that the Overflow Management Plan (OMP) was never implemented. The lack of implementation of the OMP was discussed during the first six-month performance evaluation and Ritter staff indicated that "they did indeed refer clients to other agencies, but that they never had more clients on site than they could service." As part of the current report, staff has again inquired with Ritter staff about their daily operations and the lack of implementation of the OMP, given the large number of clients on the site each day. Peter Lee, Interim Executive Director of Ritter Center, submitted an explanation as to why the OMP had not been implemented as Item #1 in the Ritter Center Report to City Staff (see Exhibit 4). Mr. Lee indicated that "The medical services overflow management plan was drafted to have a process in place in the event that Ritter Center neared the 60 per service day average of clients receiving showers, laundry and medical services. In the event that this cap was being reached, the clinic would offer patients an appointment for the following business day, or refer the patient to Marin Community Clinics or the Marin General Hospital Emergency Room. Since Ritter Center has not been close to exceeding this cap in the past six months; the medical overflow management plan has not needed to be implemented. There are a couple of reasons as to why Ritter has not approached this cap. After Ritter Center stopped receiving federal grant funding through a partnership with Marin City Health and Wellness Center in October 2012, Ritter Center decided not to fill medical professional positions that became vacant due to staff turnover. Two medical professionals left the agency in 2013, and these vacancies lowered the clinic's patient utilization." It is clear that Ritter staff has an internal plan for managing all daily client services on site for the DSC and the medical modular, and they determined implementation of the OMP was not required in order to provide better client management. However, there continues to be Ritter clients that congregate along the perimeter of the site, and possibly wait in other parts of Downtown. It is unclear whether these people are waiting for services at Ritter or have already been seen at Ritter. It is also unclear what percentage of the people congregating Downtown or in other areas of San Rafael are Ritter Center clients. Staff recommends that there is a need to re-evaluate the language in the approved OMP, even though Ritter Center is in compliance with the OMP as currently written. Staff recommends that language in the OMP may need to be revised in order to better address possible spillover impacts of Ritter clients in the vicinity of the Ritter Center and Downtown in general. Based on staff review of the information submitted in the Ritter Center Report to City staff (Exhibit 4), with respect to litter control and security patrols, the Ritter Center has been in compliance with the required conditions of approval. According to information provided by the Police Department the calls for service at the Ritter Center site were down by 25'�� from the previous six- month period (a drop from 93 calls to 72 calls). Service calls to Marin Beverage Outlet and Walgreens also dropped by 56�,� and 40.7` ; respectively. Lieutenant Ralph Pata will be in attendance at the City Council hearing to provide an oral report as well as answer specific questions about the police service calls. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pages 7 Overall Review of Ritter Center Use Permit (UP13-070): As summarized on Page 1 of this staff report (Background History), the Ritter Center provides a multitude of services between the four buildings on the site. The approved Use Permit covers all services provided on site. However, the conditions of approval limiting the client caseload to 60 clients per day averaged over the operational work week (i.e., actual days the Center is open) gEly cover clients using the Day Services Center (providing showers, laundry and restroom facilities) and the medical modular building (providing counseling and medical services) both located on the 12 Ritter Street site (APN #011-272-13). The OMP is also specifically targeted to addressing potential overflow for the medical modular. Other services on site, such as case management services, seasonal holiday programs and clothing donations) are not included as part of the client caseload limit stipulated per Use Permit UP13-030. Planning staff finds that the Ritter Center is generally compliant with the Use Permit conditions of approval. However, it is clear that the need for Ritter Center services and the number of clients served has increased since the original Use Permit was approved in 1993 (with a maximum limit of 40 clients/day averaged over one week), carried forward in a subsequent amendment in 2004, and ultimately increased to a maximum of 60 clients in the 2011 Use Permit amendment approval. In terms of the police service calls, while the number of service calls reported has dropped for the 6 month reporting period, SRPD does caution that these figures do not represent a complete picture of police activity in and around the site. There is a growing impact of the greater homeless issue in San Rafael on Downtown streets, public facilities (including libraries and parks), and businesses. Due to the increased concentration of clients served by Ritter on a very small site, and the increased number of support services provided by Ritter over time to keep up with client need for a multitude of services, staff has concerns about the overall effectiveness of the use of the 12-16 Ritter Street site as a social services center, and the effectiveness of the current Use Permit conditions of approval as currently written. It is not uncommon for a Use Permit to require modifications through an amendment process as a business or use attempting to meet the service needs of clients gradually "outgrows' the project site footprint. This factor is especially true for businesses that have been in operation over a long period of time. Typically, staff would look to remedy the situation by looking into options such as amending the Use Permit conditions of approval, requesting that the business or organization investigate modifying the overall operation of the site, or suggesting that the business relocate to a larger, more suitable location. During the previous performance report hearing in June 2013 Ritter Executive Director Diane Linn reported to the Council that the Ritter lease was a short term lease due to expire in 2016. She stated to the Council that Ritter had a desire to find a larger space for their services. However, she did express concern over being able to find a location that would be supported by neighbors. As part of the current performance review, staff inquired about the lease and the interim Director, Peter Lee has stated that the lease for the 12 Ritter project site (DSC and medical modular) will expire on May 14, 2016, and the lease for the 16 Street Ritter site will expire on December 31, 2015. Further, he indicated that Ritter leases the medical modular trailer from Pacific Mobile and that lease expires on October 14, 2016. Conclusion While the Ritter Center has complied with all conditions of approval as stipulated in UP13-030, staff continues to have concerns about the overall operational impacts of Ritter Center activities and services on the vicinity around the site and off-site impacts in the Downtown area in general. Based on staff review of two performance reports covering Ritter Center operations since the commencement of the new medical modular operations (October 2012 through May 2013), staff finds that the current Use Permit conditions of approval do not appear to be adequately adjusted to address the overall impact of the totality of Ritter Center services. This situation is essentially based mostly on the high demand for a multitude of client services daily rather than non-compliance with specific use permit conditions of approval. There is a daily impact on the Ritter Center site that cannot be addressed solely through the use of DSC and medical client caseload averaging, as delineated in Use Permit COA #5. Further, the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8 wording of the Overflow Management Plan (COA #17) while specifically limited to clients using the medical services, should perhaps be broadened to address high volumes of clients using other Ritter services on site. In other words, there is a daily impact on site and potentially off-site that is not addressed in the current use permit conditions of approval. Therefore, a re-examination of the allowable uses and services on the 12-16 Ritter Street site and a revision of use permit conditions may be warranted. This should also include the recent use of 815 Third Street as Ritter Center administrative offices. PUBLIC CORRESPONDENCE: In accordance with the City's public noticing requirements, public notice of the City Council hearing was 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 (Exhibit 8). No letters of concern have been received in response to the hearing notice to date. However, staff from various departments continue to hear from San Rafael residents and businesses on a daily basis, expressing concern about the number of homeless people in San Rafael, especially in Downtown and around the Ritter site, in the City's parks, libraries and community center, as well as in front of downtown businesses. Any written communication received after the distribution of this staff report, will be forwarded to the Council under separate cover. OPTIONS: The City Council has the following options Accept report and direct staff to investigate and address specific issues and return to the City Council for subsequent review (staff recommendation); or > Accept Report and conclude this 6 month review with no further action; or i Accept report and continue the item for additional information. FISCAL IMPACT: As this is a performance report on the status of use operations and compliance with Use Permit conditions of approval, there are no fiscal impacts aside from the staff time and resources necessary to complete this report. Staff estimates that monitoring of the monthly report submitted by Ritter Center and the analysis of compliance with conditions of approval and the preparation of this staff report have taken 10 hours of staff time (billable at $132/hr.) for a cost of $1,320. In addition, staff has spent additional time at meetings with City staff and the project applicant. including e-mail correspondence for a total of 5 additional staff hours ($660). Total billable time spent on the project so far (excluding the upcoming Council meeting) is $1,980. In addition, the greater homeless issue that has arisen in the City over the past 5-6 years has required a significant amount of City resources, from all City Departments, including Police.. Fire, Community Services, Library, Economic Development, Community Development, and Public Works. These issues include the development of a homeless strategy and plan, increased and directed enforcement by Police, impacts to other patrons of city services like community centers,. parks. library and open space, and developrnernt of a vvorking group, staffed by City representatives, etc. Accept report and direct staff to investigate and address specific issues and return to the City Council for subsequent review (staff recommendationy SAN RAFAEL CITE' COUNCIL AGENDA REPORT / Page; 9 EXHIBITS: 1. Project Vicinity Map 2. City Council Resolution No. 13321 3. Zoning Administrator minutes (UP13-030), dated September 18, 2013 4. Ritter Center Report to City Staff 5. Client Caseload Tally Sheets (May 2013 — October 2013) 6. Ritter Overflow Management Plan 7. San Rafael Police Report, dated February 10, 2014 8. City Council Public hearing notice SCALE 1 :355 NOR 20 40 60 FEET 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 (-T11-070), AND AN ENVIRONMENTAL AND .DESIGN REVIEW PERMIT AMENDMENT (ED11-089)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 EXIS'T'ING DSC AND THE NEW MODULAR BUILDING TO A TOTAL OF 60 CLIENTS/DAY, AVERAGED OVER ONE WEEK <k T 12 RITTER STRFET (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 fi•om 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 Vr JER- AS, on FeLr,uary 14, 2012, the San Rafael Planning Commission held a duly- IlOtlC�tl rile pnDpJ _i proica, accepting all cnd rd x:,i :��n t•'a�lf << It .� 1ilCi the wr.'i�:II .3r,(, `!iv I_�::il .,'_1.:;t Duvc-:cp.-nent date; ar;d W ;MREAS, folio , irn; closi:rc cr ulc hearing, the Planning Commission approved with condI�'ons the UsePel'r7;t amealn e; , IL1�i ') I�� iti =. i,:.:Lt tl '1;:a D ! t R�.:,,iew Permit amendment (UPI 1-089) 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, THER,PFORE, 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 (EDI1-089)for the Ritter Center at 12 kitter Street. The City Council finds that the points of the appeal (identified in bold/italics) cannot be supported for the following reasons: Appeal Point #1: The Planning Commission decision was based strictly oil the steed of the applicant (Ritter Center) as stated fir, the project applictud, Diane Linn, al the hcarin , r•athea, than oil Planning issues as they relate to the site. Tlae decision irr favor of the persszit €errs premature. a) The Planning Commission's decision was based on the Commission's review of the proposed lise Permit amendment's �ti ith applicable General Plan 2020 policies and �-onforr-rance with Zoning Ordinance regulations, as presented in the February 14, 2012 Planning Conm,ission staff report. F" o, �n\I"I 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 cl icnts-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 pant 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 ofthe 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. c) 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. o The new peri:nit allows for 65 clients ivith no projected planning for future increases. How will the City know ivlzen numbers creep up again? Applicant must provide data to the Planning Department. o Monitoring for "numbers creep" ivas eliininated from the original use permit by the city in 2004 and is considered an unsuccessful process by planning staff, given staffing reductions o 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 width current use permit (to avoid "numbers creep'). a) Based on information provided bythe 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 cl ients/day for a total of 65 clients. 7n 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 nc testimony presented to the Commission showing that the number of clients using .c ; v,/:'] 11 excr,cd what is requcL;ted in Use -Permit amcrunlrent. Ul ir;ak;lt,'i,c Cit.' Council voted z!_nimojslyto 1 , c � ': ruse c _� for the DSC and r.,e.:i, _ l modular to a maxi rtm of over one week, and als_, r a i_.a_hat Ritter Center &i.C! p_c}'_; .o medical services. -� C) The Cri �Sc'.n;l aCCBNt�u p !7'1C teStl TOi:�' E�p1'eSSI :=: CGilverii abOUt tri% ii Cu iCI' a _ .Site. The iui.. u!'�i'eiltS �r:r iu�� iii: i _��:1.,aiS disc. Jss, G : nv lio Os -,:,,;'_l s . t: -.h a con li ti(::r 0J"approv",J uo'_-x lore the E-s:Liiity of I -Y 2 monitoring program. However, given reductions in staffing levels, Planning staff could not guarantee completion of a monitoring program and on-going monitoring. Ulti►natel the City Council voted unanimously to require that the Ritter Center submit monitoring reports to the Planning Division (Use Permit Condition of Approval #5 and W. 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-n2 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 monthly reports and performance evaluations every 6 months. Anneal Point 3: Nothing submitted, numbering error by appellant. Appeal Point #4: The design of the medical modular with two dunipsters 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 ntodular 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 uo correspondence from the public during the project review process requesting that the project be referred to the Design Rel i�:W 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, howcv-cr: 1) the 16 Ritter Street building is not fisted as historic property in the 1986 San Rafacl HistcriciArchiteetural Survev, 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. 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 existirig 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 Iimiting the medical space to the existing DSC modular, which is too small to accommodate clients seeking medical services at the Ritter Center. Appeal Point #S: At the Planning Commission hearing, planning commissioners, a neighboring businessman rrnd a San Rafael Fireman referred to the site as needing better mmnagenlent. Approval of usage permit sliould ineltide conditions of approval to mitigate applicant's negative tisage 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-decisicn of the operators of the Day Services Center (DSC). CCA # 12: ClienLS ? o cause a peace disturbance or enc <:; ber staff cr cth i c e,; > ' ail not bc :1' s;i to receive sen .ce:; from the DSC. Readmssion of e , ,excel (r;,t..: , „O ba. -cd on established House Rules. COA #13: The DSC shall continue to maintain a security program during e},_r«t110"11" a 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 d observed on Friday February 17`6, 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 rip 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 ntenrber 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 detennined 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 V. A "sunset clause" in the use permit was not considered. The Ritter lease iiill e,vpire in 2 to 3 years. Their future on the site is rtnspec fed (per Diane Linn), but the modular crrr: P(Ifrrain do perpetuity. The prucsal to irnpcsc a "sunset cla isc" I'miting the validity of the Use Permit was iIIt1.0 uced by one Commissioner duric2 its discussions and deliberations on the project. Hosve�,er, the lang:_iac-c for a sunse` clause was not carried forward by the Planning Commission as a condition of project approval because the proposed wcduiar building is a temporary building phut would be rem(n ed when the Ritter Center vacates 11,.c sift (cv ccted in 4 Vicars). Ultim +cit- t1 , ('i'v Coun-cid Et_r( with the Plar1ni!i Conlni ICJ !M-M1111ouS V that a sursct cl tisk' 1.vets uruiecessal'�' because the lease for the Ritter Center wouid expire in 4 years. M addition Use Permit Condition ;1.6 IT 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 at any time to review condition compliance. 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 (UP11-070). Findings I ) 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, acid 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 Febmary 14, 2012 PIanning 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 198I and has worked with adjaceni neighbors to address the challenges and concerns regarding the impact of Ritter clients on adjacent businesses while still 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 so: ces is allowed bei ; ,use p Irking -_rp to 1,0 FAR is provided by parking gauges 1 --Td face Iots in the De G.csti ; z'cin� ,1 s,� u � s� ent D i strict. 2) TI I=rop soul av cet, together with tale cons . FpEicable thereto, would nc.-" l:c detrimental to ::e cublic healtl , s�fcty or well -are, or mater i .Illyiilj ar ous 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 target- 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; f. 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 2nd 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 ' ave a sbnificant environmental impact, and is exempt from CEQA review per CEQA Guidelines Article 19 Categorical Exempt cns, Section 15301 (Existing Facilities) and Section 15311 (Accessory Structures) which exempts minor interior and exterior alterations to existing structures, and the construction of miner structures accessory to existing commerical. iifdustrial 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 WE 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 anew 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 I 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), Nil -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 �nrC'G.c u J i . � �'.� ':iC�, 1 U:.`i'.S`( 'j� Vi:f.}� cii ,? i.. _r l,Ic J,tf, a 111'L uc ,��id laT r - c'es n -iteri, a :rd gui 'elines for '.'r,e Second Third '� i uu Use E «t (2.31NfUE) Zcniing District iii which ie mite is located given that: a. The project is a conditionally approved use in the 2/3 MUE zoning district and ,'las been operating ander an approved Use Permit since 1993; b. The proposed siding color (Nimbus Gray) will blend in with the existing buildi ig colors on the " 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 45 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 48) 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 reduire monthly reports en the daily number of client visits, and a limit in the client caseload to 60 clients/day), and add Condition of Approval 416 (performance reports every 6 months) and Condition of Approval #17 (an operation plan to address potential client overload). BE 1T 1+URTHER. RESOf,'vTD, that the City Council of the City of San Rafael in denying the appeal from Hugo Landecker (API 2-01) reaffirms the approval of the Use Permit amendment (UP 11-070) and Environmental and Design Review Permit amendment (ED 11-089) subject to the following conditions of approval: Use Permit Amendment (UPI1-070) Conditions of Approval This Use Permit a tenement (UPI 1-070) approves an amens inert to a previously approved Use Permit (UPV-005 and authorizes the relocation of theexisting 600 square foot medical clinic in the Ds:v Scr, ✓i+-cs Center (DSC) trailer to a nc%v 91-3 sc,uarc foot :nodular on the Ritter Center site. In additiern to the medical clinic. the fokwing Ritter Center inventory of services, prEvict.rs[y al;hroved per UP04-005, :rid described on page 2 of the Planning Commission staff report G2it. r i':. �t „;t;y 14,'),)12 (1:7, hii,it N i,,'% T)(.'. Lt :11' iiitci': .E I 16, 2011, submitted by Ritter Center) will continue to be authorized at the Ritter Center as part of this amended Use Permit amendment: o Case Management o Behavioral Health © Day Services o Food Pantry ® Emergency cloth ing/Goodwi I I Gift certificates o 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 fimctioning 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/day, averaged 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 4&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 weelc• 9. The applicant shall continue to provide notice to all employees, volunteers and clients stating that rarking shall not occur on adjacent.private lots. The notice shall include a list of available public parking lots. 10. All Glib ,ts shall be given a copy cf the ru:cs and regulations to be read and signed by all incoming clier.s. House Rules shall at a rr.inimurn include the following: a. No clients will be admitted which in the judgment of the Ritter Center staff are under the infr :ice of alcch�Dl o,• oil. r subs'lances b. Vin 'r-_ �i iE%�( a �� uG i � ;"� „i ]IOr ��'J 17I;r-ted 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 (UP] 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 ,kni ndment (ED11-089) Conditions of Approval Community Development I)ejjartment - Planning Division 1. The props: cd 933 square foot modular shall be installed and designed in substantial confonrance %` itis 133 proposed site plan and elevations as presented for approval on plans prepared 'oy Fredric C. Divine Associates, date stamped Approved, February 14, 2012, and shall h� the same as required for issuance of a building permit, subject to the lis-ced conditions of approva , 'Minor rnodifications or revisions to the project shall be subject to revia«' and apprevai cfthe CcarmunityDevelopment Department, Planning Division. ModAfta!ions deemed n �-t miner i)y the Ccnun!_inity Development Director shall require review and ant-rovid by the ori.n a! dee body. A copy of the Cond lions of Approval for EDI11-089 shall be, included as; a pl,,m sheet with the building, permit plan submittal_. 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, 3. This Environmental and Design Review Permit amendment (EDI 1-089) shall be valid for two years from the data 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. 6. 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 PIanning Division to ensure compatibility with the surrounding area. S. 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. Co�)s" ­,.iction hours and.,;_otvity any and all deliveries) are limited to the applicable req is _t Cith in C', -)twr 8.133 of the San Rafa: l Mun icipal. Code, 10. A copy of the Conditions of Approval for Environmental and Design Review Permit amendment ED11-085 ,41,,11 be included as a plan sheet with the building permit plan submittal; . 13 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 CivillUtility plans that comply with the San Rafael Sanitation District Standard Design requirements for our review. 1, ESTHER C. BEIRNE, Cleric 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 2nd day of April 2012, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough, and Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: C'O NCILMEMBERS: None 14 ESTHER C. BEIRNE, City Clerk EXHIBIT 2 REGULAR MEETING SAN RAFAEL ZONING ADMINISTRATOR September 18, 2013 Staff Report 10:00 am 1. 12 Ritter Street (Ritter Center) - Use Permit amendment to allow a change in Condition of Approval #5, previously approved per City Council Resolution 13321. The change would require that the 60 client per day caseload limit be averaged over the number of operational days instead of a 7 -day work week. No other changes to the approved use permit (UP11-070) is proposed; APN No. 011-271-13; Second/Third Mixed Use East (2/3 MUE) Zoning District; Velma Bottarini, owner; Diane Linn, Executive Director, Ritter Center, applicant; File No. UP13-030 Project Planner: Caron Parker, Associate Planner BACKGROUND On February 14, 2012, the San Rafael Planning Commission (Resolution 12-01) conditionally approved a Use Permit (UP11-070) and Design Review Permit (ED11-089), amending the previously approved Use Permit (UP04-005). The amended use permit would allow: 1) the installation of a 933 square foot medical modular building at 12 Ritter Street; and 2) allow an increase in the client caseload for the Day Service Center (DSC) and the medical modular building to a total of 65 clients/day averaged over one week. This decision was appealed to the City Council and on April 2, 2012, the City Council adopted Resolution No. 13321 upholding the Planning Commission action to grant a Conditional Use Permit amendment for the Ritter Center (see Attachment 1). However, the City Council recommended that the Use Permit conditions be further amended to: 1) reduce the total client visits for the Day Services Center (DSC) and the medical clinic from 65 clients per day to 60 clients per day, averaged over one week and 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 (Condition of Approval #5); 2) require that City staff prepare a performance report every six months following occupancy to track condition compliance and police service calls (Condition of Approval #16); and 3) require the Ritter Center management to develop and implement an "overflow plan" for the medical services component (Condition of Approval #17). Per City Council Resolution 13321, the Use Permit amendment allowed the relocation of the existing medical clinic space from the Day Services Center (DSC) modular to a new 933 - square -foot modular. The new clinic space was approved to include three exam rooms, a larger waiting room and medical offices. The total number of clients served (laundry/showers services and medical services) was increased from the 45 clients/day approved in 2004 (UP04-005), to 60 clients/day, averaged over one week. The approved 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 some Saturday mornings for the Women's clinic. K � II ��2 P 'ri ., I v 12 Ritter Street [Ritter Center] Re: UP13-030 Date: September 18, 2013 Per Resolution 13321, Condition of Approval #16 specifically states: "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." On June 17, 2013, Planning staff presented the results of the 6 -month performance report to the City Council covering Ritter Center operations between October 12, 2012 and April 30, 2013. This was not an official public hearing, and as such, no public comments were heard. Planning staff made a presentation, followed by a presentation by the Ritter Center Executive Director, Diane Linn. The Council discussed the item and expressed concern about the method for tallying the total number of daily clients at the site. Ultimately, the Council agreed that the daily client caseload for the Day Services Center (DSC) and the medical modular building should be averaged over the "operational work week" instead of a "7 -day work week." The Council's rationale was that the average should be based on the days the Center is actually opened in order to get a better sense of the total number of clients served. While the Use Permit allows Ritter to operate 7 days/week, the Center is never open on Sundays, and operates Monday through Friday and occasionally on Saturday mornings for the Women's Clinic. The Council ultimately accepted the Performance Report, with the caveat that: 1. The daily client caseload for the DSC and the medical modular be no more than 60 clients/day averaged over operational days and not averaged over a 7 day work week; 2. Staff hold a Zoning Administrator hearing to memorialize the changes made by the City Council at the June 17, 2013 review of the 6 -month Performance Report; and 3. The next 6 -month Performance Report (May 2013 through October 2013) would be noticed and scheduled as a public hearing; open for public comments on all aspects of the Use Permit (staff anticipates that due to the Fall holidays, this hearing will take place sometime in January 2014). PROJECT DESCRIPTION The Ritter Center has been in operation its current location since 1981, providing a variety of services and resources, free of charge to the working poor and homeless. The Ritter Center is located in four buildings/modulars housed on two contiguous lots located on the south side of Ritter Street As described below, the center provides various functions and services housed in the four buildings, including Case Management. Behavioral Health Day Services. Food Pantry; Emergency Clothing/Goodwill Gift certificates, Seasonal programs (Thanksgiving and Christmas): 0 Ritter Center (16 Ritter): Offices and food pantry distribution SRZA Minutes 9,18.13 12 Ritter Street [Ritter Center] Re: UP13-030 Date: September 18, 2013 • Bouchard Building: Case Management (5 offices) and a conference room • Day Services Center (DSC): Showers, laundry, and restrooms • Medical Modular Building: Medical clinic No change to the Ritter Center operations is proposed by Ritter Center. The purpose of this Zoning Administrator hearing is to memorialize an interpretation of one of the conditions of approval by the City Council, during their review of the 6 month performance report. At that time, the Council found that one of the conditions (use permit condition #5) was not clear on the method of tallying the daily client case load, thus directed staff to hold a use permit hearing to amend Condition #5, changing the method of counting the daily client caseload for the DSC and medical modular, from a 7 -day average to averaging over the actual number of operational days (typically 5-6 days/week) as directed by the City Council. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA), an environmental review is required to evaluate the environmental impacts of the proposed project. Staff has determined that this project is exempt per Article 19 Categorical Exemptions, Section 15301 a (Existing Facilities) Class 1 whereas the proposed project is: 1) limited to interior alterations; and 2) has been reviewed by appropriate city departments who will ensure that appropriate building and/or fire permits are secured. PUBLIC HEARING The Zoning Administrator meeting began at 10:00 A.M. Present at the meeting were Diane Linn, Executive Director, Ritter Center, James Ferrandini, Ritter Center staff, Hugo Landecker and Amy Likover, Gerstle Park residents, Jonathan Freeman, Alison Clayton (Health and Human Services), and Greg Brockbank. Raffi Boloyan, Planning Manager was the Acting Zoning Administrator. Caron Parker, Associate Planner made a brief staff presentation about the history of the project, explaining that the focus of the hearing was the change in Condition of Approval #5 only. Comments on other aspects of the use permit will be considered at the next City Council hearing to review the second Performance Report for the Ritter Center. This will be a public hearing and is tentatively set for sometime in January 2014. The public comment period was opened and public testimony was heard. There were a variety of comments and questions about how many non -homeless vs. chronically homeless clients are served, capacity of the medical modular and use of the overflow management plan. Amy Likover specifically requested that the Resolution be revised to define the tern "operational days," and the Zoning administrator agreed to add this definition. As stated in COA #5, "for the purposes of this condition. an "operational day" is defined as a day during v✓hich the Day Services Center or the medical modular building is open to clients for services". The Zoning Administrator stated for the record that there were no letters received by staff in response to the public notice mailed on August 30, 2013 to property owners and occupants within a 300' radius of the subject property. SRZA Minutes 9.18.13 12 Ritter Street [Ritter Center] Re: UP13-030 Date: September 18, 2013 The Zoning Administrator closed the public hearing at 11:00 A.M. The Zoning Administrator has determined that the City Council directed use permit amendment to change the method of tallying the total number of clients served per day is a minor amendment to the approved Use Permit (UP11-070). As such, the amended use permit is in substantial conformance with the City of San Rafael's Municipal Code property development standards for the Second/Third Mixed Use East (2/3/MUE) Zoning District, all applicable policies of the San Rafael General Plan 2020, and the review criteria for Use Permits. The Zoning Administrator stated that a copy of the meeting minutes, which incorporate the findings and the conditions of approval, would be mailed to the applicant and the property owner and would be available to the public for review at the Planning Division counter upon request. In addition, the Zoning Administrator stated that a project of this nature has an appeal period of five (5) working days upon the approval or denial of the project. RECOMMENDATION: Staff recommends that the Zoning Administrator approve this minor amendment to incorporate the City Council's interpretation of condition of approval #5, as determined during their review of the Ritter Center 6 month Performance Report on June 17, 2013. The amended Use Permit will also re- adopt the Findings as approved by the City Council in granting the original Use Permit UP11-070 in Resolution 13321, adopted on April 2, 2012. The Zoning Administrator hereby approves this Use Permit Amendment (UP13-030) to change Condition of Approval #5 (see Page 7), with original conditions in strikee-ut, followed by revised condition in underline. All other conditions set forth in City Council Resolution 13321 shall remain in effect and are listed below. Any decision shall be final at 5:00 P.M. on Wednesday, September 25, 2013, pending no appeals filed with the City of San Rafael Planning Division by that date. Use Kermit Amendment (UP13-030) 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 65 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 (Nan -Residential Design Guidelines) in that: i) upon installation of the new medical modular, the proposed project site would have an FAR=0.87 which is below the SRZA Minutes 9,18,13 12 Ritter Street [Ritter Center] Re: UP13-030 Date: September 18, 2013 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 still 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 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 a previously 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 revised method for calculating the daily client caseload by averaging the number of clients over the number of "operational days" rather than over a "7 -day week" will help SRLA itilinutes 9.18.13 s 12 Ritter Street [Ritter Center] Re: UP13-030 Date: September 1.8, 2013 maintain the number of clients to no more than 60 clients per day, better manage the number of clients on site and help reduce impact to the surrounding properties. e. The Ritter Center will continue the established daily litter removal/site clean-up operations (as required in UP11-070) to keep the streets near the project site clean; f. The Ritter Center will continue 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,- g. roperties; g. 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 3rd 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; h. 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 i. 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 MUE 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. SRZA Minutes 9.18.13 12 Ritter Street [Ritter Center] Re: UP13-030 Date: September 18, 2013 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION Use Permit Amendment (UP13-030) Conditions of Approval 1. This Use Permit amendment (UP13-030) approves an amendment to a previously approved Use Permit (UP11-070) 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 UP11-070, and described on page 2 of the Planning Commission staff report dated February 14, 2012, 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/day, averaged overover the operational work week For the purposes of this condition an "operational day" is defined as a day during which the Day_Services Center or the medical modular building is open to clients for services. 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. SRZA Nlinutes 9.18.13 12 Ritter Street [Ritter Center] Re: UP13-030 Date: September 18, 2013 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 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 (UP13-030) 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. 15. On-going compliance with all conditions of approval shall be required to keep the Use Permit Amendment valid. This Use Permit amendment (UP13-030) 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 lit -nits, 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, SRZA Minutes 9.18.13 12 Ritter Street [Ritter Center] Re: UP13-030 Date: September 18, 2013 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. This Use Permit (UP13-030) amendment is conditionally approved and shall become valid after a five (5) working day appeal period at 5:00 P.M on Wednesday, September 25, 2013, pending no appeals are filed with.the,City of San Rafael Planning Division. Raffi Boloyan, Acting Zoning Administrator Date SRZA Minutes, 9.18.13 Ritter Center Report to City Staff Six -Month Use Permit Review 1. Information on how Ritter manages clients and why the overflow management plan has not been implemented. The medical services overflow management plan was drafted to have a process in place in the event that Ritter Center neared the 60 per service day average of clients receiving showers, laundry and medical services. In the event that this cap was being reached, the clinic would offer patients an appointment for the following business day, or refer the patient to Marin Community Clinics or the Marin General Hospital Emergency Room. Since Ritter Center has not been close to exceeding this cap in the past six months, the medical overflow management plan has not needed to be implemented. There are a couple of reasons as to why Ritter has not approached this cap. After Ritter Center stopped receiving federal grant funding through a partnership with Marin City Health and Wellness Center in October 2012, Ritter Center decided not to fill medical professional positions that became vacant due to staff turnover. Two medical professionals left the agency in 2013, and these vacancies lowered the clinic's patient utilization. The bulk of utilization for this use permit comes from the showers at the Day Service Center. Ritter Center has always scheduled a maximum of 40 shower appointments each service day dating back to the Day Service Center's first use permit. However, it became apparent that some days, more than 40 people were receiving a shower. Upon investigation, it was found that while no more than 40 appointments were ever made in a day, if a person didn't use their full shower time allotment, Day Service Center staff and volunteers were allowing people without appointments to take a shower on a stand-by basis, which increased the number of people taking showers to more than 40 on some days. This practice is no longer allowed. If all 40 shower appointments are booked, stand by clients are not allowed to shower unless there is a cancellation. This has also lowered utilization and allowed Ritter to provide services under the new daily average cap, which is calculated by using the agency's operational days each week. Ritter Center has recently been awarded a 26 month federal grant from the Health Resources and Services Administration to become a Federally Qualified Health Center. The grant can support a maximum of $650,000 of operation costs annually and also includes one -time -only funds to purchase about $.55,000 of medical equipment. Operation costs that are eligible for reimbursement from this grant include costs to provide medical; mental health, substance abuse, and case management services. One of the first actions Ritter Center took when it learned of this grant award was to increase the number of hours its security guard was on duty back to 40 hours each normal work week. These grant funds will help Ritter Center add an Outreach worker to help patients enroll in Medi -Cal health insurance and to purchase subsidized insurance plans on the new Covered California insurance exchange, a licensed Psychologist to see patients and supervise interns; and a case n-ranager who will help patients access residential substance abuse treatment and other services. This grant will also allow Ritter Center to fill the medical positions that have been left vacant since 2013. It is possible that the increase in utilization that arises from filling these vacant medical positions will result in weeks where Ritter approaches its use permit client cap. If this happens, Ritter will have to implement its medical services patient overflow management plan and/or make other operational changes to ensure that the agency stays under the cap. 2. Litter Control and Security report. Ritter Center conducts litter abatement each workday, Monday through Friday. Ritter Center volunteers, many performing community service hours in lieu of paying traffic tickets that they cannot afford, pick up litter in and around Ritter Street. These patrols typically reach to the back of Marin Beverage Outlet near the Java Detour to the west on down to the Goodwill store to the east. Additionally, Ritter Center has been collaborating with the Downtown Streets Team to bring a cleaning crew staffed by homeless residents to Ritter Street each morning to pick up litter and to help sweep the sidewalks. This has been a wonderful collaboration and has helped combat the stereotype that homeless people are "takers" who never give back to the community. The area that tends to collect litter and needs the most cleaning is the small piece of public land owned by the City of San Rafael that is located right outside of Ritter Center's gate near Klein TV. For security, Ritter Center contracts with Barbier Security to have a uniformed certified security guard on-site eight hours each business day, normally Monday through Friday for a total of 40 hours each week. The security guard is generally on-site at Ritter from gam -spm with a break for lunch. Barbier Security guards also work at the San Rafael Transit Center, St. Vincent de Paul, the Health and Wellness Center and many other County facilities. The guards communicate with each other when an agitated person is leaving one location and headed in the direction of another location where a guard is on duty. Barbier Security guards are very adept at deescalating situations before they get out of hand and help reduce the need to call the police for verbal altercations. The security guards patrol Ritter Center's property and up and down Ritter Street similar to the litter abatement volunteers. The security guards also keep an eye out for litter during these patrols and often dispose of solitary items they find or inform staff members or volunteers if there is an area that needs to be attended to. Barbier Security also conducts one nightly patrol of Ritter Center's property to ensure that it is secure. For two years, Ritter Center has employed a staff person that performs outreach to clients in and around the Ritter campus and community relations with our neighboring businesses. This staff person is a now a case manager, but is still responsible for being a liaison to the police department and to our neighbors. From what we have gathered from our neighbors, incidents with people who are perceived to be Ritter clients have decreased during business hours since Ritter has increased the number of hours our security guard is on duty to 40 hours per normal work week in Decernher 2013. After Ritter Center closes, there have been reports of people hanging out on the public piece of land owned by the City of San Rafael outside Ritter Center's gate some evenings and weekends. Ritter Center has been working collaboratively with the City of San Rafael to try and address this issue and hopefully a solution will be forthcoming in the near future. f 3. A day in the Life of Ritter Center. Every day at Ritter Center is a little different from the last. Each day Ritter Center's staff and volunteers try to help our less fortunate neighbors become more stable and attain a better quality of life. Day Services Center Homeless clients who are employed or actively volunteering in the community are permitted to make shower appointments between 8am and gam, before Ritter Center opens to the public. At 9am, Ritter Center opens its gates and people in need of assistance may visit us until Spm. Clients make appointments at the Day Service Center to take showers and do their laundry. As noted, since Ritter's average daily cap is now calculated using the number of days the agency is operational, the Day Service Center does not allow clients to shower on a stand --by basis unless there is a cancellation. This has created a hard cap of 40 showers per operational day and has helped Ritter Center remain below the use permit cap. The Day Service Center also provides access to restroom facilities during the agency's operational hours. Health Center At the medical clinic, Ritter Center's Nurse Practitioners provide TB screenings for people who are entering Mill Street Shelter, Helen Vine Detox and other programs. These medical professionals conduct physical and mental work readiness exams for the county's General Assistance program and treat patients with chronic diseases who would wind up in our local emergency rooms without regular primary care. One of Ritter Center's Nurse Practitioner's coordinates the medical care for patients in the county's medical respite program housed at Homeward Bound's Next Key facility. This medical respite program is operated in collaboration with Marin General Hospital, Kaiser, Novato Community Hospital, the County of Marin, Homeward Bound and Ritter Center and has saved the hospitals and the community thousands of dollars by reducing the number of days uninsured patients are hospitalized before they can be discharged. Food Pant Ritter Center provides groceries to farnilies and individuals who struggle to make ends meet. Access to nutritious free food items each week helps defray grocery store expenses and allows many residents to pay their rent and utility hills on time, fostering stability in their housing. In 2013, Ritter Center distributed more than 27,000 bags of groceries to families and individuals in need. The food pantry operates in partnership with the SF Marin Food Bank and local grocery stores such as Whole Foods, Mollie Stone's, Trader Joe's and United Markets among others. Case Management For people who find they have fallen behind on rent due to unforeseen circumstances, they can visit our case managers to request rental assistance. In 2013, Ritter Center provided $350,000 in rental assistance and housing subsidies to help prevent families and individuals from losing their housing and to assist recently homeless residents to rapidly re-enter housing. People passing through Marin County are offered bus tickets home where they have family and friends to rely on for support, often in collaboration with St. Vincent de Paul. Case managers also help manage disabled people's finances through our representative payee program. Most of these clients are receiving disability or social security but have difficulty managing their finances on this fixed income. Ritter Center manages their finances and pays their rent and bills on their behalf to ensure the payments are never late. Representative payee clients visit their case manager each week to receive grocery store gift cards or a check for out of pocket expenses. This helps ensure that their fixed income will last until the end of the month and they can remain stable. Each month, these clients create an expense budget with their case manager to plot out their expenses and identify any changes that need to be made. If possible, case managers encourage these clients to reserve a small amount of money to save each month, to build up a nest egg in case an unexpected expense arises in the future. Ritter Center's case managers also help families and individuals to enroll in government benefit programs such as Medi -Cal, CalFresh (food stamps) and disability programs. Ritter's rapid disability enrollment program is operated in collaboration with the County of Marin and had a 97% success rate last fiscal year. Enrollment on disability allows residents who are no longer able to work to receive a source of income that is often enough to remain stable in housing. Housing Ritter Center helps subsidize permanent supportive housing for 22-24 formerly homeless residents in scattered site units across the county in collaboration with the County of Marin and the Marin Community Foundation. In addition, Ritter Center provides placement and case management for 12 formerly homeless residents in both transitional and permanent units located in the Hamilton area of Novato in collaboration with Ecumenical Association of Housing and the Marin Partnership to End Homelessness. Behavioral Health Ritter Center's behavioral Health program assists residents with mental health and substance abuse conditions. Many of these clients have been victims of trauma and are working on their coping skills and feelings of vulnerability and insecurity. Clients can make appointments or receive assistance during drop-in hours for urgent needs. The behavioral health team conducts support groups for people who would like to learn from their peers as well as health professionals. For residents with severe mental health and cognitive impairments, Ritter Center works with SRPD's mental health officer and the countywide Forensic Multi -Disciplinary Team that includes local law enforcement agencies. The work of all these participating agencies collaborating together has led to temporary conservatorship of a number of people with severe mental health conditions who would not accept treatment voluntarily and were consistently disruptive in the community. Ritter Center's substance abuse counselors facilitate two AA meetings each week and help people suffering from chemical dependency to enter into detox and residential treatment programs. When all the treatment beds in Marin County are full, these dedicated professionals work the phones and find open treatment beds in other counties and then drive clients in their own vehicles to programs in Healdsburg, Santa Rosa, San Francisco and cities in the East Bay. Through a custody -to -community program that is designed to reduce rates of recidivism, one of Ritter Center's counselors will often pick up clients from the county jail and take them immediately to a treatment facility while the deterrent of incarceration is still fresh in their minds. Community Action Marin's CARE Team peer counselors also perform outreach in the community and identify people with behavioral health conditions that may not be connected with services. The CARE Teams often connect these people with Ritter Center services. The most powerful aspect of Ritter Center's services is that they work together in concert instead of in separate silos. Each week, Ritter Center's medical, mental health, substance abuse, and case management staff convene together to create and update holistic multi -disciplinary treatment plans that help address clients' physical and behavioral health, but also housing, income, benefits and other social needs that are often absent from traditional treatment plans. In addition to everything described above, Ritter Center also provides clients with general delivery mail and voice mail boxes so they can apply for jobs, emergency clothing and Goodwill coupons, back to school supplies for children beginning the school year, and special holiday gifts for families, seniors and the disabled. 4. A brief account of the people served. In 2013, Ritter Center provided critical support for 4,741 low-income, precariously -housed and homeless individuals and families. During that 12 -month period, 12% of Ritter Center's clients were unsure of or declined to state their housing status. 51% (2,418) were housed but struggling to make ends meet and required assistance with food, clothing, case management, medical and behavioral health services. Last year, 37% of all Ritter Center clients (1758) were considered homeless, the great majority of whom identified their living situation in the following three categories: 1.) Living with family and friends 2) Living in temporary shelters or transitional housing 3) Living outdoors, in a vehicle or in another place not intended for human habitation Included in this group are 6% of our clients (292) who met the federal definition of Chronically Homeless, described as an individual who is disabled and has been continuously homeless for one year or homeless four times in a three-year period. Other Client Statistics From 2013 (% of Clients Who Chose to Respond to These Questions) 1) 23% of the households served by Ritter Center are families 2) 12% of the individuals we serve are seniors 3) 6% of our adult clients are military veterans 4) 21% of our adult clients have a disability 5) 49% of Ritter Center's adult clients have at least some college education 6) 19% of our clients do not have a high school diploma or GED. EXH 1 Fitter Center City of San Rafael Use Permit Deport May 2013 Date Client Caseload Overflow Plan Enacted? verage Caseload for 7 - Day Week 5/1/2013 55 No 5/2/2013 54 No 5/3/2013 51 No 5/4/2013 _ 0 _ No 5/5/2013_ 0 No 5/6/2013 52 No 5/7/2013 49 No 37.3 5/8/2013 68 No 5/9/2013 40 — No J 5/10/2013 _ 47 No 5/11/2013 0 N o 5/12/2013 _ 0 N o 5/13/2013 69 No 5/14/2013 58 No 40.3 5/15/2013 70 No 5/16/2013 51 _ No 5/17/2013 62 No 5/18/2013 0 No 5/19/2013 0 No 5/20/2013 66 No 5/21/2013 64 No 44.7 5/22/2013 68 No - - 5/23/2013 71 _ No 5/2.4/2013 51 No 5/25/2013 0 No 5/26/2013� 0 � No --_- 5/27/2013 _ _ U No 5/28/2013 78 No 38.3 5/29/201353 No _-----Np ------ --- 5/30/2013 5/31/2013 �_��..._..? J 62 No I verify under penalty of p-rjury that the foregoing is true ail d- correct attune of reporting. r . J _ r t lI - Linn, Executive Director Executed c ii Date Ritter Center City of San Rafael Use Permit Report June 2013 - Date Client Caseload Overflow Plan Enacted? verage Caseload for 7 - Day Week 6/1/2013 0 No 6/2/2013 0 No 6/3/2013 63 No 6/4/2013 40 No _ 6/5/2013 63No 6/6/2013 48 _ No 6/7/2013 74 No 41.1 6/8/20130 No _ _ 6/9/2013 0 No 60 No _6/10/2013 6/11/2013 45 No y 6/12/2013 56 No e 6/13/2013 55 No 6/14/2013 51 No 38.1 6/15/20135 No �- 6/16/2013 0 � No 6/17/2013 71 No 6/18/2013 58 No 6/19/2013 65 No _ 6/20/2013 51 No 6/21/2013 58 No 44.0 6/22/2013 0 No 6/23/2013 0 No - 6/24/2013 57� No 6/25/2013 45 No 6/26/2013 58 _ No ®6/27/2013 56 No 6/28/2013 59 No 39.3 6/29/2013 6/30/2013 0 0 No No I v ,rift' lander- penalty of perjur that the foregoing is true and correct at time of reporting. Diane Linn, Executive Director Executed on Date Ritter Center City of San Rafael Use Permit Repor: July 2013 Client Date Caseload 7/1/2013 46 Overflow Plan Enacted? No Average Caseload for Worlc Weelc 56 52 57 47 7/2/2013 60 No 7/3/2013 63 Yes 7/4/2013 CLOSED 7/5/2013 CLOSED 7/6/2013 CLOSED 7/7/2013 CLOSED _ 7/8/201365 No 7/9/2013 _ 49 No� 7/10/2013 61 No 7/11/2013 45 No 7/12/2013 41 No 7/13/2013 CLOSED 7/14/2013 CLOSED 7/15/2013 55 No 7/16/2013 41 No 7/17/2013 63 No 7/18/2013 58 No 7/19/2013 68 Yes 7/20/2013 CLOSED 7/21/2013 CLOSED 7/22/201351 No 7/23/2013 43 No 7/24/2013 53 No 7/25/2013 43 No A 7/26/2013 43 No 7/27/2013 CLOSED 7/28/2013 CLOSED 7/29/2013 A'52 Na 7/30/2013 45 7/31/2013 .55 No N o I verify under penalty of perjury that the foregoing is true and correct at time ed reporting. Diane Linn, Cxecutive Director Executed on Date. Ritter Center City of San Rafael Use Permit Report August 2013 Date Client Caseload Overflow Plan Enacted? Average Caseload for Worl(Weel( 8/1/2013 47 No 49.8 53.8 47.6 42.4 8/2/2013 42 No 8/3/2013 CLOSED 8/4/2013 CLOSED 8/5/2013 50 No 8/6/2013 38 No 8/7/2013 55 No 8/8/2013 45 No 8/9/2013 61 No 8/10/2013 CLOSED No 8/11/2013 CLOSED No 8/12/2013 62 No 8/13/2013 54 No 8/14/2013 57 No 8/15/2013 49 No 8/16/2013 47 No 8/17/2013 CLOSED No 8/18/2013 CLOSED No 8/19/2013 51 No 8/20/2013 37-- No 8/21/2013 48-- No 8/22/2013 51 No 8/23/2013 51 0 8/24/2013 CLOSED No 8/25/2013 CLOSED No 8/26/2013 38 No 8/27/2013 8/28/2013 38 No 46 No __..__8/29/2013 41 No 8/30/2013 49 No 8/31/2013 CLOSED No Lrl'y under penalty of perjury that the foregoing is true and correct at time of reporting. Diane Linn, ExectAive Director Executed on Date Ritter Center City of San Rafael Use Permit {deport September 2013 Date Client Caseload Overflow Plan Enacted? Average Caseload for Work Week 9/1/2013 42.8 52 48.4 46.6 9/2/2013 _ 9/3/2013 38 No M 9/4/201344 No 9/5/2013 43 No 9/6/2013 46 No 9/7/2013 9/8/2013 J 9/9/2013 57 No 9/10/2013 50 No 9/11/2013 i 60 No 9/12/2013 36 No 9/13/2013 57 No 9/14/2013 9/15/2013 _ 9/16/2013 48 No 9/17/2013 45 No 9/18/2013 52 No 9/19/2013 45 No 9/20/2013 52 No 9/21/2013 9/22/2013 9/23/2013 49 No 9/24/2013 ��— 42 No 9/25/2013 53 No 9/26/2013 �---._ 37 __ No�_d _ --9/27/2013 52 No� ------9/28/2013 9/29/2013 --9/30; 2013 — 44 _ No I verify under penalty of perjury that the foregoing is true and correct at time of reporting. �Je Diane Linn, Executive Director Frecrlted on Date Ritter Center City of San Rafael Use Permit Report October 2013 I vergy under penalty of perjury that the foregoing is true and correct at time of reporting. TJiane Linn, Litive'Dir, Ctor Executed on Date L�l Ritter Health Center Policy and Procedure Policy: Client Overflow Management The Ritter Health Center will closely monitor the daily usage of the Ritter Health Center and Ritter Day Services Center by unduplicated clients to assure adherence to the city mandated usage limits per the Use Permit passed by the San Rafael City Council on April 2,'2012. Since Ritter. operates appointment for these services on a "first come, first served" basis, a plan for managing the "overflow" registrations will be established. Procedure: 1. The San Rafael City Council set an average daily maximum for unduplicated clients seen at the existing Day Service Center modular and new Ritter Health Center modular averaged over the course of a seven day week: The maximum was set at no more than 60 unduplicated clients on average per day over the seven day week. 2. Daily and weekly usage totals for the Day Services Center (DSC) and the Ritter Health Center (RHC} are entered by Ritter Center staff into .the agency's client database, Client Services Network from Bell Data Systems, which 'is also utilized as the County of Marin's HUD -mandated Homeless Management Information System (HMIS). This data is reviewed by senior staff members and the agency's Executive Committee of the Board of Directors. 3. Average daily numbers for each full seven day week will be reported to City of San Rafael Planning staff ut'iliz'ing a reporting template approved by the City of San Rafael Planning Department: 4. To better manage patient flow into the Ritter Health. Center, 'established patients who have chronic illnesses will be offered afternoon appointments in Lieu of 'drop in' registration. This will reduce the number of patients who are arriving in the early morning when the .DSC is operating at full capacity. 5. if need exceeds demand for available space in the Ritter Health Center (Le, more patients arrive after maximum registrations have been accepted), drop in patients will be offered an appointment for the following day, or given a cab voucher and referred to the Marin General Emergency Room or Marin Community Clinics depending on the severity of the condition. 6. Patients, who are registered patients at Marin Community Clinic and referred to flitter Center will be accommodated at the clinic only if space is available for that day. Policy: overflow Management EXHIBIT 6 June 6, 2012 San Rafael Police Department Internal Memorandum DATE: February 10, 2014 TO: Director Paul Jensen, Planning. FROM: Lieutenant Raffaello Pata SUBJECT: Six Month Re -Evaluation of Ritter Center and Area. Mr. Jensen, This memo is in response to your office's request for police statistical data for Ritter Center and the immediate sMrroundi 0f . I have provided below and attached the police only statt%aiOrn tiartota p$ured by our records management system for the.soc t * th p riad cif tim ' taming May 2013 and n, � 3. ending October 2013. 1 used t previous six' for h it del for my statistical research and have prepe comparison for your oyid 01t,caution that there are a number of var bl6s that could impact the metrics, i tiding: No special operations t�IV�E wer and ,dtW specific area; however the'i=T�ar time. Year to date statistics for polka c service from 2009 — 2014 are also inclu Respectfully Submitted, Raffaello Pata, Lieutenant. Prior Review (Oct'12 - April'13) - Current Review (Mav'13- Oct.'13) Marin Bev. Outlet 25 - Calls 14 56% -1 Walgreens 140 - Calls 83 40.7% 1 Ritter Center 93 - Calls 72 25% -1 Types of Galls by Comparison (Summary) Marin Beverage Outlet - 1 Report, 1 Arrest. Drug (Marijuana consumption) in front of the business, Homeless appearing persons loitering in the parking lot, Homeless persons with dogs yelling in the parking lot, Attempted theft of alcoholic beverages from the store by homeless appearing individuals, Homeless appearing woman with clothing falling off revealing her body, Homeless appearing woman storing bags of personal effects in parking lot, Intoxicated people in the parking lot challenging others to fight. *Marin Beverage Outlet stopped calling SRPD after a perceived conflict over response times and service which could be demonstrated in lower numbers of calls. Walgreens - 19 Reports, 2 People arrested, 2 Mental Health Holds. Bathroom use by homeless appearing people, On one occasion a person was incoherent and lunged after patron upon entering store, homeless person shoplifting, A number of reports of homeless appearing people smoking marijuana in front of store, Reports of homeless people buying alcohol from store and consuming it in public in front of store, Reports of homeless appearing males drinking alcoholic beverages and urinating in parking lot, Reports of homeless people intoxicated in public and panhandling. Ritter Center - 25 Reports, 15 Arrests, 6 Mental Health Holds. Summary of calls at Ritter's 16 Ritter address (Does not include annex) showed simple battery reports on staff and other clients, felony assault cases taken at Ritter but not committed on premises, public intoxication, drug possession, mental health commitments, people sleeping in front of the premises, medical calls for service, contacts of people in front of or next to the center before and after business hours. Ritter Center Annex (815 Third Street) - I Mental Health Hold. XHIBIT 7 To 60 50 40 30 20 10 0 Year to Date Calls for Service (January — March 3) Ritter YTD 2009 - 2014 2009 Jan 2010 Jan 2011 Jan 2012 Jan 2013 Jan 2014 Jan Years 2009 = 9 2010 = 10 2011 = 26 2012 = 51 2013 = 18 2014 = 65 - , 7 3 1�L -X 160 140 120 100 N A U ° 80 d a E 2 60 40 20 0 Total Calls for Service Study 2009 — 2013 Ritter Center 2009-2013 2009 = 67 2010 = 68 2011 = 113 2012 = 147 2013 = 118 1 2 3 4 5 Years 2009.2013 SRX I —�^� Sexiest Types of Calls for Service from 2009 — 2013 at Ritter Center (SUMMARY) E Z Ritter 5 Year Study with 2014 YTD Calls for Service e— 2009 - 2010 2011 2012 — 2013 - YTD 2014 Call Type 2009 2010 2011 2012 2013 2014 Out with Subject 21 11 46 40 16 16 Battery Misd. 2 5 6 7 7 1 Welfare Check 3 3 5 9 7 3 Sleeper 2 0 3 1 3 1 Fights 0 2 10 5 7 2 Unwanted Pers 11 8 10 22 18 1 Weapon 1 0 0 1 0 0 Mental Eva] 4 5 8 8 9 1 Theft 3 4 3 6 4 1 Alcohol 4 4 5 11 8 2 Drugs 2 0 1 3 0 1 Medical 1 2 1 6 2 1 Felony Aslt 0 1 2 0 3 0 Xtra Patrol 2 0 2 2 12 23 Misc. 10 18 3 10 14 3 Susp, Activity 3 3 6 8 9 2 Probation Search 0 10 39 7 1 0 Person Down 0 0 4 1 2 0 Quality of Life Viol. 0 0 0 11 0 0 5 NOTICE OF PUBLIC HEARING - CITY COUNCIL ✓ `�! You are invited to attend the City Council hearing on the following proposed project: PROJECT: 12 -16 Ritter Street (Ritter Center) 6 month Performance Report Review (for period of May 2013 through October 2013) of Ritter Center's adherence to operational conditions related to conditions of approval regulating total client caseload limits, litter control, security and police service calls to the facility. This is the second Performance Report reviewed by the Council, as required per the April 2, 2012 City Council Resolution 13321. In addition, this hearing will allow a review of the entire Use Permit to ensure consistency with all conditions of approval as well as review of all Ritter Center activities on site under Use Permit UP04-005 (and subsequently amended over the years), accept public comments and ascertain whether the use is still consistent with the City approvals. APN's: 011-272-13 (12 Ritter Street), Richard and Velma Bottarini, owners; and 011-271-04 (16 Ritter Street) Orland and Ruth Brovelli Trust, owners ; Second/Third Mixed Use East (2/3 MUE) District; Peter Lee, Ritter Center, applicant; File No: UP13-030. As required by state law, the project's potential environmental impacts have been assessed. Planning staff recommends that this project will not have a significant effect on the environment and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 Existing Facilities). If the City Council determines that this project is in an environmentally sensitive area. further studies may be required. MEETING DATE/TIME/LOCATION: Monday, March 17, 2014, 7:00 p.m. City Council Chambers, 1400 Fifth Ave at D St, San Rafael, CA FOR MORE INFORMATION: Contact Caron Parker, Project Planner at (415) 485-3094 or Caron.parker@cityofsanrafael.org. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday, Wednesday and Friday. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.cityofsanrafael.org/meetings WHAT WILL HAPPEN: You can comment on the project. The City Council will consider all public testimony and decide whether to accept the 6 month report and whether to direct any further changes to the Use Permit . IF YOU CANNOT ATTEND: You can send a letter to Esther Beirne, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915- 1560. A letter can also be hand -delivered to the City Clerk's office prior to the meeting. At the above tirne and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Government Code Section 65009 (b) (2)). Judicial review of an administrative decision of the City Council must be filed with the Court not later than the 90'5 day following the date of the Council's decision_ (Code of Civil Procedure Section 1094.6) _._.__ Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3085 (voice) or (415) 485-3198 (TDD) at least 72 hours in advance. Copies cf documents are available in accessible formats upon request. Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para -transit is available by calling Whistiestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from vvearng scented products. NOTICE OF PUBLIC HEARING -CITY COUNCIL You are invited to attend the City Council hearing on the following proposed project: PROJECT: 12 -16 Ritter Street (Ritter Center) 6 month Performance Report Review (for period of May 2013 through October 2013) of Kltter Center's adherence to operational conditions related to conditions of approval regulating total client caseload limits, litter control, security and police service calls to the facility. This is the second Performance Report reviewed by the Council. as required per the April 2, 2012 City Council Resolution 13321. In addition, this hearing will allow a review of the entire Use Permit to ensure consistency with all conditions of approval as well as review of all Ritter Center activities on site under Use Permit UP04-005 (and subsequently amended over the years), accept public comments and ascertain whether the use is still consistent with the City approvals. APN's: 011-272-13 (12 Ritter Street), Richard and Velma Bottarini, owners; and 011-271-04 (16 Ritter Street) Orland and Ruth Brovelli Trust, owners ; Second/Third Mixed Use Fast (2/3 MUE) District; Peter Lee, Ritter Center, applicant; File No: UP 13-030. As required by state law, the project's potential environmental impacts have been assessed. Planning staff recommends that !his project wilt not have a significant effect on the environment and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 Existing Facilities!. if the City Council determines that this project is in an environmentally sensitive area, further studies may be required. MEETING DATE/TIME/LOCATION: Monday, March 17, 2014, 7:00 p.m. City Council Chambers, 1400 Fifth Ave at D St, San Rafael, CA FOR MORE INFORMATION: Contact Caron Parker, Project Planner at (415) 485-3094 or Caron.parker@cityofsanrafael.org. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 5:00 p.rn. on Monday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday, UVednesday and Friday. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at Litt �l/w�i.citofsanrafaeorgreetiws WHAT WILL HAPPEN: You can comment on the project. The City Council will Consider all public testimony and decide whether to accept the 6 month report and whether to direct any further changes to the Use Permit . IF YOU CANNOT ATTEND: You can send a letter to Esther Beirne, City Clerk, City of San Rafael, P.O. Box 15,1560, San Rafael. (:;A 94911 5- 1560. 4915- 1560. A letter can also be hand -delivered to the City Clerk's office prior to the meeting. CV C- }.7 E .,E C, ecC , c sti J. be a°'tee.. te,d to . _ ed r t �sr _ E �E rise �tt�_ p�v c e1 „ ,.��. c� � . � rr r r _ dr �F Fu at c c, 'c' acu ,�c Gcl ,e, . C, -de Sect r -_P c J�_idlc� ew cF a7 Cdr G CE a,or: o, tree Cit, Cc,� -Cri s to Ir . r �Cc i _ ,n.. ✓.v , Pin ce C.,"e Ser v,'cq 6`. a F,5sf,ve Pei t w.,cF bP I quest, C, Ity .S oocu ,len,s ai,.o.,forrats reques,. Pah _- i; anspo;tatior, to C y , ;a9 is available through Ccolein GatTransit Line 22 c, Paid -s,t au;e k,✓ c , , nc lV/list; ,„ c, ter, ;,,�.P✓rdu„'s =sere ,�.�,,r.,c„,a i,'Iness or (73u/* chem,c�,l e;rs-trv:.y to j�ttE,. , . r ,� , s�,e�. �� rhe. s �;? reaue; CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 5. b DATE OF MEETING: March 17, 2014 FROM: Caron Parker, Associate Planner DEPARTMENT: Community Development DATE: March 10, 2014 TITLE OF DOCUMENT: Performance Report for 12 Ritter Street (UP13-030). Review of: a) six-month Performance Report on the Ritter Center adherence to the Use Permit operational conditions of approval regulating client limits, litter control, security and police service calls to the facility (six -months of operation between May 2013 and October 2013; and b) overall condition compliance for Use Permit UP13-030. This is the second Performance Report for Ritter Center presented to Council. c?/1"///' 4 Department Director (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITEM: T A a y City Manager (signature) City Attorney (signature) NOT APPROVED REMARKS: