The URL can be used to link to this page

Home My WebLink AboutCD Vineyward Church Use PermitsCITY oF�t Agenda Item No: 15 Meeting Date: October 5, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: Bob City Manager Approval: SUBJECT: Request for a fee waiver for four Use Permit applications for Vineyard Christian Church (809 B Street), San Rafael First Methodist Church (9 Ross Valley Drive), First Presbyterian Church (1510 51" Avenue) and Christ Presbyterian Church (620 Del Ganado); File No. P09-016. RECOMMENDATION: That the City Council grant a partial fee waiver for the processing of the four use applications. The City Council should require that the applicants be responsible for a $2,000 portion of any billable fees beyond the Marin Community Foundation (MCF) contributions of $4,000 per applicant, after which the City would assume all costs associated with the complete processing of each Use Permit. BACKGROUND: Four churches in San Rafael, Vineyard Christian Church, San Rafael First Methodist Church, First Presbyterian Church and Christ Presbyterian Church, are each proposing to operate an open shelter program for the homeless. The churches are part of a collaborative effort with St. Vincent de Paul Society to establish a rotating open shelter program with churches throughout Marin County. The four churches applying for the fee waiver are each proposing to operate a shelter one night per week from 6:00 pm to 6:00 am, for 20 homeless women. Representatives from all four churches have met with Planning Division staff to discuss the Use Permit application process. No planning applications have been submitted, pending resolution of a fee waiver request. ANALYSIS: On March 5, 2001, the City Council adopted Resolution No. 11025, establishing policy for consideration of fee waiver requests (see Attachment 1). Section 2c of this policy identifies that the City Council will consider fee waiver request (greater than $2,000) for planning and building permit fees for: "non-profit organizations or other community organizations which provide social services or community improvements which benefit lower income residents of San Rafael... Demonstration of service to lower income residents shall be indicated by dedication of at least one half of the agency's operating budget of direct services ... to individuals or households earning less than 50% of the County median income." In addition, Section 2d of the fee waiver policy states that the "consideration of fee waiver shall also be based upon the impact of such waivers on the General Fund." The churches have submitted one consolidated letter requesting a waiver of the Planning application fee for all four Use Permit applications. The letter is attached to this report as Attachment 2 and requests a waiver of all planning application fees. CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee:2 Although the letter requesting the fee waiver does not provide justification for the request based on the two criteria in Resolution 11025, it is clear that the proposed homeless shelters would constitute a social service which benefits lower income residents. FISCAL IMPACT: The second criterion for approval, the impact on the General Fund, depends upon the foregone application fees that the processing of the Use Permit applications would entail. These permits would normally be processed on a cost -recovery basis, as provided for in the Council -adopted Fee Schedule. An initial deposit of $3,894 would be required for each application, of which $2,872 are fixed fees for overhead costs (noticing, posting, reproduction, as well as the time for review by other City departments) and the remainder is a billable deposit of $1,022 which covers approximately 9 hours of a planner's processing time (at a fully -burdened hourly rate of $111). When the deposited funds have been expended, an additional deposit is requested to cover estimated time to complete the processing of the application. The ultimate amount of staff time spent on the application is often a function of the level of controversy and community involvement. Staff estimates that an additional 10 to 40 hours of staff time could be required to process each application, depending upon a number of factors including the amount of time necessary to assist the applicants in more thoroughly defining their proposals and addressing detailed issues of security, emergency response, building and/or fire code requirements, transportation, and neighborhood relations. Based on these estimated number of staff hours to process the Use Permit applications, the application fees for each might range from $5,000 and $8,500. The requested total fee waiver, therefore, could mean the loss of $20,000 — $36,000 in revenue/City staff and operational resources for all four applications, which would constitute 5-9% of the anticipated annual revenue from planning applications. It should also be noted that additional faith organizations in San Rafael may apply for rotating shelter Use Permits as well. The City Manager has received a commitment from the Marin Community Foundation that they will assist by providing $4,000 towards the application fees for each applicant. OPTIONS: The following options may be considered by the City Council on this matter: 1. The Council could grant the fee waivers, whereby the City would assume all costs beyond the MCF contributions, 2. The Council could deny the fee waiver requests, requiring that the applicants be responsible for all billable fees beyond the MCF contributions, or 3. The Council could require that the applicants be responsible for a portion of any billable fees beyond the MCF contributions (e.g., a defined amount such as $1,000 or $2,000), after which the City would assume all costs. ACTION REQUIRED: Council is to consider the fee waiver request and to take one of the three options listed above. Staff is recommending the action noted on the first page of this report. Following the Council's discussion and action, staff will return with a resolution memorializing their decision. ATTACHMENTS: 1. City Council Resolution 11025 Re: Fee Waiver Policy 2. Fee Waiver request letter dated September 22, 2009 A RESOLUTION OF THE SAN IeAF'AEL CITY COUNCIL RESCINDING RESOLUTION NO. 10789 AND ESTABLISHING A POLICY FOR CONSIDERATION OF FEE WAIVER REQUESTS FOR PLANNING AND BUILDING PERMITS. WHEREAS, on March 5, 2001 the San Rafael City Council adopted Resolution 10789 establishing criteria for consideration of Planning and Building permit fee waiver requests; and WHEREAS, since that time waiver requests in the amount of $17,860 have been granted by the City Council, and WHEREAS, the City's pertnit revenues during calendar year 2001 have decreased approximately 20% from the previous year and from budget projections; and WHEREAS, the City's General Flan contains policies encouraging fee waivers as an incentive for creation of affordable housing and establishment of day care facilities; NOW, THEREFORE BE IT RESOLVED that the City Council of San Rafael rescinds Resolution No. 14789; and FURTHER, BE IT RESOLVER that the City Gounoil of San Rafael establishes its revised policy for the consideration of fee waiver requests as follows: 1. The City will consider requests for waiver of applicable fees for Planning and Building permits only, not including mitigation fees such as traffic impact and parkland dedication in -lieu fees, 2. The City will consider waiver of such fees for: a) Child care facilities where it can be demonstrated that the waiver contributes to making such services more affordable to the general public, b) Affordable housing units included in the City's Below Market Rate (BMR) housing program or where units are similarly restricted for long term affordability, based on the proportion of BMR to market -rate units within the application, or c) Governmental agencies; non-profit or other community organizations which provide services which principally benefit lower income residents of San Rafael, up to a maximum waiver of $2,otio per request, Demonstration of service to lower income residents shall be indicatedby dedication of at least one half of the agency's operating budget for direct services or contributions to individuals or households earning less than 50% of County median income levels. d) Consideration of fee waivers shall also be based upon the impact of such waivers on the General Fund. e) Requests for waivers shall be made to the Director of Community Development and processed by assigned staff, consistent with the criteria listed above, Requests for fee waivers for affordable housing and day care facilities in excess of $2,000 per request shall be forwarded to the City Council for consideration. Requests which are denied by staff may be appealed to the City Council for consideration, at no fee. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the eighteenth day of March, 2002, by the following vote, to wit: AYES: COUNCILMIMBERS: Cohen, Heller, Miller, Phillips & mayor Boro NOES: EOUNCILMEMBfRS` (lone ABSENT: COUNC1LMLMBFRS:None ATTACHMENT 1 7EAI ML EOiVC , City Clerk.. _ District Council of Marin County Society of St. Vincent de Paul 820 B Street • P.O. Box 150527 • San Rafael, CA 94915 • Phone (415) 454-3303 . Fax (415) 454-3406 . www.vinnies.org September 22, 2009 Bob Brown Community Development Director 1313 Fifth Avenue San Rafael, CA 94901 Dear Mr. Brown, The Society of St. Vincent de Paul, District Council of Marin County is requesting in conjunction with First Presbyterian Church, 1510 Fifth Avenue, Christ Presbyterian Church in Terra Linda, 620 Del Ganado Road, San Rafael United Methodist Church, 9 Ross Valley Drive, and Vineyard Christian Fellowship, 809 B Street, waiver of all fees relating to obtaining use permits to operate a rotating shelter at these locations. If you have any questions regarding this request, please contact me at the number above. Sincerely, Steven R. BNNW Executive D St. Vincent Society of Marin County /~ Ralph Purdy Pastor Xinda PLane-Borten Pastor Christ Presbyterian Church in Terra Linda Liza Kin' v Pastor San Rafael U' ethodist Church Jeff is of Pastbr Vineyard Christian Fellowship Printed on 100% recycled paper ATTACHMENT 2 43 mR Fid `S > '4 ATTACHMENT 2