HomeMy WebLinkAboutCC Resolution 15018 (Residential Building Resale (RBR) Report) 1-1
RESOLUTION NO. 15018
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING AN EXTENSION
OF 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 within 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, on November 16, 2020, the City Council adopted Resolution No.
14757 which temporarily adjusted RBR fees and temporarily ceased the City’s
inspection portion of the RBR Program for six months. The resolution allowed, with an
assessment from Community Development Department staff on the status of the real
estate market and the COVID-19 pandemic, an extension of temporary measures with
approval of the City Council.
WHEREAS, on May 17, 2021, the City Council adopted Resolution No. 14912
which continued temporarily adjusted RBR fees and temporarily ceased the City’s
inspection portion of the RBR Program to the end of December 2021.
WHEREAS, San Francisco and the South Bay continue experiencing an exodus
of residents moving outward to the suburbs. A combination of factors is causing this
exodus including: 1) a permanent and sustained shift in the workforce to working from
home which started during the COVID 19 Shelter-in-Place Order; 2) high rents in the
San Francisco and South Bay; and 3) the low interest mortgage loan rates. The high
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demand real estate market has resulted in a low inventory and shorter property sale
transaction periods; and
WHEREAS, during the COVID-19 pandemic building permits and RBRs have
increased while there have been 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 continued to
collaborate with Marin Association of Realtors on the extension of 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 through July 31, 2022;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the
following temporary measures for administering the RBR Program:
1. The temporary measures authorized by this Resolution shall be in place and in
effect through July 31, 2022.
2. 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.
3. 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.
4. 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
Appeal NA
During this temporary period, no refunds will be issued.
5. During this temporary period, issued resale reports shall continue to be valid for a
period of six (6) months with the ability for a one-time extension of up to an
additional 90 days.
6. Following the sunset date or further extension of these temporary regulations,
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 duly and regularly introduced and adopted at a regular meeting of the
City Council of San Rafael, held on Tuesday, the 18th day of January 2022, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk