HomeMy WebLinkAboutCC Resolution 14948 (Request to Waive the Building Permit Fees)
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RESOLUTION NO. 14948
RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL DENYING THE
REQUEST FOR WAIVER OF BUILDING PERMIT FEES FOR THE VIVALON
HEALTHY AGING AFFORDABLE HOUSING PROJECT AT 999 THIRD STREET
(PREVIOUSLY WHISTLESTOP) (APN: 011-265-01)
WHEREAS, Vivalon, formerly known as Whistlestop, has provided a full range of
services and activities for seniors at the former Southern Pacific depot in downtown San
Rafael for the past 44 years; and
WHEREAS, on March 23, 2020, the City Council approved a General Plan
Amendment (GPA18-001), Zoning Text amendment (ZO18-003), and Use Permit
(UP18-034) allowing development of a Research and Development building for
BioMarin, and a 67-unit, 70-foot tall, six-story senior center and affordable senior
housing building for Whistlestop/Vivalon/EDEN Housing on a 133,099 sq. ft. parcel; and
WHEREAS, on October 5, 2020, the City Council approved funding for Eden
Housing for the Whistlestop/Vivalon affordable housing project at 999 Third Street, in the
form of a residual receipts loan of $800,000 with the understanding that applicant would
be responsible for all entitlements, construction and long-term management of the
housing; and
WHEREAS, on January 19, 2021, Eden Housing submitted an application for
building permits to the City of San Rafael Community Development Department; and
WHEREAS, the estimated building permit fees to provide plan review and
building inspections, as required by the California Building Codes, are $214,963, and
includes third party plan review currently under contract with InterWest, a professional
codes service contractor; and
WHEREAS, the costs of conducting plan reviews, and inspections are offset by
building permit fees; and
WHEREAS, the City recognizes the important role building codes, plan reviews
and inspections have in protecting the public every day and in times of disaster, by
guiding the safe construction of built environment through the California Building Codes,
which include safeguards from natural disasters such as wildland fires, floods, and
earthquakes; and
WHEREAS, City Council Resolution No. 11025 established a policy for
evaluating requests for fee waivers for certain projects, including affordable housing
projects; and
WHEREAS, on May 3, 2021, Eden Housing submitted a letter to the San Rafael
City Clerk requesting a waiver for building permit fees associated with the above-
referenced application for the Vivalon Healthy Aging Affordable Housing Project at 999
Third Street; and
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WHEREAS, the funding awarded to Eden Housing on October 2020 was
intended for development of an affordable housing project; and
WHEREAS, the requested fee waiver would need to be off-set by monies
allocated for that purpose such as the Affordable Housing Trust Fund. While the City
intends on releasing additional Notices of Funding Availability to support additional
funding for affordable housing projects, a NOFA has not been released in 2021; and
WHEREAS, on July 19, 2021, the City Council held a duly noticed public hearing
on the proposed project, accepting and considering all oral and written public testimony
and the written report of the Department of Community Development; and
WHEREAS, the City Council finds that waiver of the building permit fees in this
case is inappropriate because the applicant was previously awarded funding from the
affordable housing trust fund with an understanding that they would be responsible for
entitlements, construction and long-term management of the project; and
WHEREAS, the City Council further finds that the building permit fee estimate is
significantly lower than what the applicant was expecting to pay, therefore the applicant’s
funding gap appears to be smaller than suggested in the request for the fee waiver;
NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council does
hereby deny the request for waiving the building permit fees associated with the Vivalon
Health Aging Affordable Housing Project at 999 Third Street.
I, Lindsay Lara, 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
San Rafael City Council held on the 19th day of July 2021, by the following vote to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Llorens Gulati
LINDSAY LARA, City Clerk