HomeMy WebLinkAboutCC Resolution 14870 (Residential Building Resale Report (RBR) Program) 1-1
RESOLUTION NO. 14870
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING TEMPORARY
MEASURES FOR ADMINISTERING THE RESIDENTIAL BUILDING RECORD
PROGRAM (“RBR PROGRAM”) SET FORTH IN SAN RAFAEL MUNICIPAL CODE
TITLE 12 (BUILDING REGULATIONS), CHAPTER 12.36 (REPORT OF RESIDENTIAL
BUILDING RECORD) DURING THE HIGH DEMAND REAL ESTATE MARKET AND
COVID-19 PANDEMIC
WHEREAS, on December 16, 2016, the City Council adopted Ordinance No.
1945 amending San Rafael Municipal Code Title 12, Chapter 12.36 (Report of
Residential Building Record), which set forth the general administration and enforcement
of what is known as the RBR Program. The RBR Program requires that upon resale of
any residential property with the City, the property seller shall obtain from the City a
report (resale report) of the City permit records and City inspection of the property. The
resale report provides an added level of disclosure to the purchaser of the property; and
WHEREAS, in tandem with the adoption of Ordinance No. 1945, on December
16, 2016 the City Council adopted: a) Resolution No. 14243 which sets forth the specific
policies, practices, and procedures for administering the RBR Program; and b)
Resolution No. 14244 which amended the City’s Master Fee Schedule to update fees
specific to the RBR Program; and
WHEREAS, Resolution No. 14243 includes, among others the specific process
steps for and required information to be included in a resale report. The resale report
must include a complete history of the property permit records (Building and Planning
Division permits) and code enforcement cases on file with the City. Further, a property
inspection must be conducted by a City inspector and the resale report shall include the
findings of the inspection and shall cite violations and/or unpermitted construction that
must be corrected or remedied. This resolution also includes a commitment that within
seven (7) business days following City receipt of the RBR application, City staff is to
contact the property owner/seller or their representative to schedule a date and time for
City inspection of the property; and
WHEREAS, San Francisco and the South Bay are experiencing an exodus of
residents moving outward to the suburbs. A combination of factors is causing this
exodus including: 1) the COVID 19 Shelter-in-Place Order has mandated that
employees work from home; 2) skyrocketing rents in San Francisco and South Bay; and
3) the low interest mortgage loan rates that are currently available. The high demand
real estate market has resulted in a low inventory and shorter property sale transaction
periods; and
WHEREAS, the COVID-19 pandemic has led to significant budget cuts and
staffing reductions resulting in slower processing times and inspection scheduling for
resale reports; and
WHEREAS, the Community Development Department staff has collaborated with
Marin Association of Realtors to develop temporary, interim measures for administering
the RBR Program during the pandemic and this high demand real estate market. The
interim measures include temporarily ceasing the City inspection portion of the RBR
Program for six months;
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NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the
following temporary measures for administering the RBR Program:
1. The City inspection, reporting of the inspection results, and the citing of violations
and unpermitted improvements outlined in and required by City Council Resolution
No. 14243 shall cease during this temporary period. All other RBR Program tasks
and actions outlined in Resolution No. 14243 shall continue to be administered by
the City.
2. During this temporary period, the contents of the resale reports shall follow the
requirements set forth in San Rafael Municipal Code Chapter 12.36 (Report of
Residential Building Record), Section 12.36.060 (contents of report) except that the
report will not include City site inspection findings.
3. The RBR application and related fees shall temporarily be adjusted as follows:
RBR Service Temporary Fee Reduction
Resale Report- Single-Family Residential
Resale Report - Duplex
Resale Report- Multiple-Family/Apartments First Unit.
Each additional Multiple-Family Dwelling/Apt. Unit
$145.00
$145.00/unit
$135.00
$15.00
Resale Report- Condominiums $128.00
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During this temporary period, no refunds will be issued.
4. During this temporary period, issued resale reports shall continue to be valid for a
period of six (6) months with the ability for the Building Official to issue a one-time
extension of up to an additional 90 days.
5. These temporary measures shall be in place and in effect for a period of six (6)
months or until May 16, 2021. Prior to the May 16, 2021 sunset date of these
temporary measures, the Community Development Department staff shall assess
the status of the real estate market and the COVID-19 pandemic to determine if the
temporary measures should be extended for an additional period not to exceed six
months. An extension of the temporary measures shall require the approval of the
City Council.
6. Following the sunset date of these temporary measures without extension by the
City Council, administration, and enforcement of the RBR Program shall resume
consistent with the adopted policies, practices and procedures set forth in City
Council Resolution No. 14243. Further, at that time, the RBR fees shall return to
the full application fee amounts set forth in the City of San Rafael Master Fee
Schedule.
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I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was adopted at a regular meeting of the City Council on the 16TH day of
November 2020.
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk