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HomeMy WebLinkAboutCC Resolution 14948 (Request to Waive the Building Permit Fees) 1 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 2 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