HomeMy WebLinkAboutCD Residential Building Resale Program Report� Agenda Item No: 5.b
SAN RAFAEL
Meeting Date: December 5, 2016
THE CITY WITH A MISSION
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: COMMUNITY DEVELOPMENT
Prepared by: Paul Jensen, Director City Manager Approval:
Thomas Ahrens, Chief Building Official
TOPIC: Residential Building Resale Report (RBR) Program
SUBJECT: Residential Building Resale (RBR) Program. Consider: a) adoption of an ordinance
amending San Rafael Municipal Code Title 12 (Building Regulations) by adopting a
new Chapter 12.36 (Report of Residential Building Record) updating the purpose,
scope and provisions of the RBR Program; b) adoption of a resolution setting forth
policies, practices and procedures for administering and enforcing the RBR Program;
and c) adoption of a resolution amending the City of San Rafael Master Fee Schedule
for services related to RBR Program.
RECOMMENDATION:
Staff recommends that the City Council:
1. Open the public hearing, accept public comment and deliberate;
2. Pass ordinance to print (Attachment 1);
3. Adopt resolution (Attachment 2) formalizing the RBR Program scope, policies, practices and
procedures; and
4. Adopt resolution (Attachment 3) amending the Master Fee Schedule for RBR Program fees.
BACKGROUND:
History:
In 1973, the City Council adopted Ordinance 1128, which established the City's RBR Program. The
provisions and requirements of the RBR Program are codified in San Rafael Municipal Code (SRMC)
Chapter 12.36 (Report of Residential Building Record). SRMC Section 12.36.010 requires that prior to
the sale or exchange of any residential building, the property owner is required to obtain a "report of
residential building record" (resale report). The program includes a City inspection for which the
findings are incorporated in the resale report. While the RBR Program is not a common service and
practice in most California cities, this program is in place in all local jurisdictions in Marin County,
except for the County of Marin.
FOR CITY CLERK ONLY
File No.: 286
Council Meeting: 12/05/2016
Disposition: Passed Ordinance No. 1945 to print: Resolution 14243, Resolution 14244
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
On March 24, 2016, the California State Auditor's Office completed a performance audit on the
residential resale programs for San Rafael and two other California cities (Pasadena and Novato). The
performance audit report focuses on five topic areas for evaluation: a) the qualifications of City staff
(inspectors) completing the inspections for the resale reports; b) an analysis of fees charged for the
resale reports (audit found that the City is "likely undercharging for inspections of single-family and
condominium dwellings."); c) an assessment of the consistency in reports issued to the same property
over time; d) the timeliness of the inspections and reports; and e) the value of the resale report to all
parties involved in the property sale. For San Rafael, the performance audit report found that the RBR
Program provides a value to the purchaser/buyer. Further, the performance audit report recommended
procedural and administrative changes to the program to, among others, improve consistency in City
inspections practices, ensure better follow-up to resolving violations, and establish a "complaint" or
appeal process for the customer. The performance audit report can be accessed at the following link:
httr)s://www.bsa.ca.qov/rer)orts/2015-134/resr)onses.html.
Following review of the performance audit report, the City Council directed staff to study options to the
RBR program, including the continuation, modification, or elimination of the program. Five program
options were developed and presented in two City Council Study Sessions (August 1 and September 6,
2016).
City Council Direction on RBR Program Improvements
On November 7, 2016, the RBR Program returned to the City Council for a discussion of the staff's
recommendation to retain the program with substantial improvements. The November 7, 2016 agenda
report detailing the staff recommendations, along with a discussion of the program options that were
considered, can be accessed at the following link:
httD://citvofsanrafael.aranicus.com/MetaViewer.DhD?view id=2&clip id=1043&meta id=97300
Following public comment, the City Council discussed the staff recommendation, which included a list
of program changes and improvements (pages 7-9 of November 7 report). The following is a list of the
more significant comments and feedback provided by the City Council:
The RBR Program should be retained to include the City inspection component but significant
improvements to the program are warranted.
2. The scope and purpose of the program should focus on health and life -safety and unpermitted
improvements, but be structured to eliminate redundancy with privately -commissioned
Contractor's Inspection Reports.
3. The list of unpermitted work encountered during the RBR inspection that would be
"grandfathered" (exempt from obtaining a retroactive permit) should be broadened and
expanded.
4. A "resale inspection checklist" should be developed to: a) ensure consistent City inspection
practices; and b) provide the customer (owner and buyer) with an understanding on what the
City inspector will or will not be looking for during the inspection.
5. The period of time a property owner is given to correct or remedy a violation should be extended
to 180 days and upwards of 365 days for the property owner that inherited the violation from a
previous owner.
6. To reduce inconsistencies in City inspections, a regular or fixed -term employee should be
assigned to conduct the RBR inspections rather than use of temporary/seasonal employees.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
7. As recommended by the State performance audit report, an appeal process should be
established for the owner who wishes to dispute the findings of the resale report.
8. An amnesty program needs to be periodically implemented to offer an owner the opportunity to
correct or remedy a violation without paying penalties or fines.
9. An educational component is critical and should be implemented. Tools/measures such as
informational handouts and a video posted on the City website should be developed, along with
the hosting of a "Coffee & Codes."
Ultimately, the City Council accepted the agenda report and directed staff to prepare amendments to
SRMC 12.36 (3-1-1 vote; McCullough dissenting and Gamblin absent). The meeting can be viewed via
streaming video accessed via the following link:
http://citvofsanrafael.aranicus.com/MediaPlaver.r)hr)?view id=2&clip id=1043
To address the above direction, the following is proposed:
➢ Amend SRMC Title 12 (Building Requlations), Chapter 12.36. This chapter, which exclusively
addresses the RBR Program, has not been amended since it was introduced as Ordinance
1128 in 1973. The current chapter sets forth no purpose, is limited in provisions, and the
terminology is obsolete. Therefore, it is recommended that Ordinance 1128 (current chapter) be
repealed and replaced in its entirety with a new Chapter 12.36. The new Chapter 12.36 is
presented in the attached ordinance (Attachment 1). Included in this chapter are: a) a new
section addressing the "purpose" of the RBR Program; b) updated definitions; c) an update on
the contents of the resale report; d) a new section referencing policies, practices and
procedures for RBR Program administration; and e) the introduction of an appeal process.
➢ By separate resolution, adopt specific RBR Proqram policies, practices and procedures. Many
of the City Council direction items listed above are polices and improvements to practices,
which are more appropriately memorialized by resolution action. The attached resolution
(Attachment 2) includes: a) the step-by-step resale report and inspection process (from initial
application to issuance); b) inspection policies and practices to ensure consistency and
eliminate redundancy with privately -commissioned inspection reports; c) a resale inspection
checklist (Exhibit A of the resolution); d) a list of unpermitted improvements that are given
leniency (not required to secure retroactive permits); e) remedies for violations and unpermitted
work; f) the policy for refunding the RBR application fee for "clean" resale reports; and g) public
education practices. The resolution also recommends returning to the City Council in six -
months for a progress report and review.
Please note that the resolution includes the recommendation to establish and issue a "Notice of
Compliance." Such a notice would be issued when no violations are noted in the resale report,
or when the owner completes all corrections/remedial actions to resolve violations and
unpermitted work. Although the notice was not initially recommended by staff, it has been
revisited and is now recommended for good reason. The issuance of a Notice of Compliance
would provide a "snapshot" in real time of the property conditions and improvements, which will
reduce: potential ambiguities in the permit record; inconsistencies in future RBR inspections;
and the potential for "double jeopardy."
➢ By separate resolution, amend the Master Fee Schedule to update RBR Proqram fees. See
Fiscal Impact section below for a discussion of the RBR Program fees.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 4
ANALYSIS:
Staff finds that the recommended changes to the RBR Program are reasonable and consistent with the
City Council direction. As noted above, the new ordinance and supportive resolution outlining the RBR
Program policies, practices and procedures will improve the resale report process, and eliminate or
reduce the challenges that have been experienced with this program. It is in the public interest to retain
the RBR Program as it has been administered by the City for over 40 years and it provides a unique
service to the purchaser that is not afforded by the privately -commissioned inspection reports. Further,
the public health, safety and general welfare of the community are reinforced by the RBR Program as it
provides an assessment of the City's aging housing stock.
COMMUNITY OUTREACH:
During this past year, staff initiated outreach on the development and assessment of current RBR
Program options. In addition to meeting with Marin Association of Realtor representatives to obtain
feedback and on the program options, staff also consulted with the Marin County Assessor's Office, the
Marin Builder's Association, the Golden Gate Association of Home Inspectors, local architects, and staff
of local (Marin) jurisdictions that administer RBR programs.
Public notice of the proposed amendments to SRMC Chapter 12.36 and the accompanying RBR
Program policies, practices and procedures and fee updates was published in the Marin Independent
Journal (see Attachment 5). In addition, a notice of this meeting was mailed to a number of
stakeholders that have participated in the RBR Program process.
FISCAL IMPACT:
As reported to the City Council in the November 7 agenda report, in order for the RBR Program to be
sustainable with its current structure, fees charged for the resale report would have to be raised. Our
current fee structure is the lowest of any jurisdiction in Marin County that administers a comparable
program. This is primarily due to the fact that the Building Division has neglected to pursue a fee audit
for many years, and the fee structure has fallen behind actual costs. In addition, one of the
recommendations of the State performance audit report is to complete a fee study, specifically noting
that the fees charged are likely lower than the cost to administer the program. Staff suggested that the
fee for a single-family residential resale report be raised in the neighborhood of $270.00 (current charge
is $165.00). In the November 7 agenda report, staff also suggested an appeal fee of $100.00 and a
100% application fee refund for resale reports issued with no violations.
Since the November 7 meeting, staff has completed a more thorough cost study to address the
recommended increase in application fees (See Attachment 4 for cost study). After factoring in
additional Administrative Assistant time for planning permit research and entry, and the preparation of a
"Notice of Compliance," staff is recommending a further increase of the application fee and other
adjustments as follows:
RBR Service Current Fee Proposed Fee
Resale Report- Single -Family Residential $165.00 $290.00
Resale Report- Multiple-Family/Apartments First Unit. $165.00 $270.00
Each additional Multiple -Family Dwelling/Apt. Unit $50.00 $30.00
Resale Report- Condominiums $150.00 $255.00
Appeal ------ $100.00
As the above fee adjustments are supported by a cost study, they would be consistent with SRMC
Section 3.34.040. This City code section addresses the City's ability to recover the full costs for
providing a voluntary service and/or service of limited nature. It should be noted that the recommended
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
appeal fee of $100.00 would not necessarily cover the staff time cost to review and process an appeal.
However, it has been a longstanding City policy to limit the cost of an appeal so as to not discourage or
disadvantage a customer from filing an appeal.
The recommended RBR Program policy presented in Attachment 2, which provides for a 100% refund
for a "clean" resale report (no violations), could have a fiscal impact on the Building Division budget in
the City's General Fund. As previously reported, approximately 50% of the resale reports issued
annually are "clean" reports. With an annual average of 600-700 resale reports issued, application fee
refunds could be upwards of $95,000-$100,000. The refund activity will have to be tracked to
determine if there will be a substantial impact on the Building Division operational budget. As staff is
recommending returning to the City Council for a six-month status report, a report on the refunds issued
will be included in that review.
It is recommended that the City's Master Fee Schedule be amended to address the above adjustments
in the RBR Program fees. A resolution has been prepared for Council consideration (Attachment 3).
OPTIONS:
The City Council has the following options to consider regarding this matter:
1. Pass ordinance to print amending SRMC Chapter 12.36 and adopt resolutions as
recommended by staff; or
2. Reject the proposed ordinance and resolutions presented in this agenda staff report; or
3. Adopt the ordinance amending SRMC Chapter 12.36 and the accompanying resolutions
incorporating additional changes and revisions; or
4. Direct staff to return with more information.
RECOMMENDED ACTION:
Staff recommends that the City Council:
1. Open the public hearing, accept public comment and deliberate;
2. Pass ordinance to print amending SRMC Title 12 (Building Regulations) by repealing Ordinance
1128 and replacing it in its entirely with new Chapter 12.36 - Report of Residential Building
Record (Attachment 1);
3. Adopt resolution adopting RBR Program Policies, Practices and Procedures (Attachment 2);
and
4. Adopt resolution approving amendments to the Master Fee Schedule updating the RBR
Program fees (Attachment 3).
ATTACHMENTS:
1. Ordinance amending SRMC Chapter 12.36
2. Resolution adopting RBR Program Policies, Practices and Procedures with Exhibit A- Resale
Inspection Checklist
3. Resolution adopting amendments to the Master Fee Schedule updating the RBR Program
fees
4. Cost Study for RBR Program
5. Public Hearing Notice
6. Correspondence received to date (includes survey conducted by local real estate
professional)
ORDINANCE NO. 1945
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL
MUNICIPAL CODE TITLE 12 (BUILDING REGULATIONS) TO REPEAL CHAPTER
12.36 THEREOF IN ITS ENTIRETY AND REPLACE IT WITH NEW CHAPTER 12.36
(REPORT OF RESIDENTIAL BUILDING RECORD)
WHEREAS, in 1973, the San Rafael City Council adopted Ordinance 1128 adding
Chapter 12.36 (Report of Residential Building Record) to Title 12 (Building Regulations) of the
San Rafael Municipal Code ("SRMC"), establishing a program (referred to as the "RBR
Program") requiring that, upon the resale of any residential property within the City, the seller
shall obtain from the City a report of the City permit records and City inspection of the property.
The report provides an added level of disclosure to the purchaser of the property; and
WHEREAS, throughout the subsequent years following adoption, the City has
administered the RBR Program employing various levels of inspection and reporting; and
WHEREAS, in March 2016, the California State Auditor's Office completed and
published a performance audit report on the City's RBR Program, which report also assessed
similar residential resale programs in the City of Pasadena and the City of Novato. The
performance audit report recommended that the City of San Rafael amend the RBR Program to
incorporate additional processes and procedures to improve and formalize program
administration, inspection and reporting; and
WHEREAS, on April 4, 2016, the performance audit report was presented to the City
Council. In respond to a review of the performance audit report findings and public comment, the
City Council directed staff to study options to the RBR Program including the continuation,
modification, or elimination of the program; and
WHEREAS, the Community Development Department prepared five RBR Program
options, which were presented to the City Council and public at two City Council Study Sessions
held on August 1, 2016 and September 6, 2016; an
WHEREAS, based on comments received in the City Council Study Sessions, staff
recommended that there is value to the community in retaining an RBR Program but recognized
that there is need for change and improvement. Changes and improvements include the need to
formalize policies and practices so as to reduce the potential for future inconsistencies in the RBR
Program implementation and administration; and
WHEREAS, on November 7, 2016, the City Council reviewed a report of the
Community Development Department presenting the five program options and a staff
recommendation to retain the RBR Program with significant improvements. As part of this
review, the City Council considered the oral and written public testimony, ultimately accepting
the agenda report. The City Council directed staff to proceed with preparing: a) amendments to
SRMC Chapter 12.36 to reflect the staff recommendation to retain the RBR Program with
improvements; b) a resolution outlining the recommended policy, practices and procedures for
improving the program; and c) an amendments to the RBR Program fees; and
WHEREAS, the proposed amendments to Title 12 will repeal current Chapter 12.36 in
its entirety and replace it with a new Chapter 12.36; and
WHEREAS, the proposed amendments to SRMC Chapter 12.36 do not propose any
changes to City policies or regulations that would result in a direct or indirect physical,
environmental impact; therefore it has been determined that this amending ordinance is exempt
from environmental review under the California Environmental Quality Act (CEQA) pursuant to
the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects
which have the potential for causing a significant effect on the environment; and
WHEREAS, on December 5, 2016, the City Council held a duly noticed public hearing
to consider this ordinance, and considered all oral and written public testimony and the written
report of the Community Development Department; and
WHEREAS, the City Council hereby makes the following finding that support the
amendments to SRMC Chapter 12.36 adopted herein:
The public interest is served by the proposed municipal code amendments as they
would allow the continuation of the RBR Program with substantial improvements
that are critical in maintaining an aging housing stock and providing an additional
level of disclosure and protection to the residential property purchaser. In addition,
there is general value to the RBR Program which is in the public interest in that the
program: a) has been administered for over 40 years and is a program that is common
to all local jurisdictions in Marin (except the County of Marin); b) offers a unique
service to the purchaser that is not provided by the real estate professionals or the
privately -commissioned home inspectors; c) provides City access to the community's
housing stock, which assists in identifying unpermitted work and pursuing code
compliance; and d) is supported by the California State Auditor's Office performance
audit report as a means of providing "consumer protection to home purchasers and to
enhance the enforcement of zoning and health and safety regulations before the
property ownership is transferred."
2. The municipal code amendments would be consistent with the San Rafael General
Plan 2020, specifically Housing Element Policy H-8 (Housing Conditions and
Maintenance) and Neighborhood Element NH -4 (Improve Property Maintenance) in
that the RBR Program, as amended, would: a) would assist in protecting the housing
stock by enforcing the housing and building codes; b) require property owners to
maintain their properties in good condition to eliminate unsafe and unhealthy
conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY ORDAIN AS FOLLOWS:
DIVISION 1. AMENDMENTS.
San Rafael Municipal Code Chapter 12.36 (Report of Residential Building Record) is hereby
repealed in its entirety, and replaced with a new Chapter 12.36, to read in its entirety as follows:
Chapter 12.36 - REPORT OF RESIDENTIAL BUILDING RECORD
Sections:
12.36.010 — Purpose.
The city finds that it is necessary to maintain and upgrade the condition of the aging
housing stock within the city to ensure the basic health and life safety of its residents. A report of
residential building record, prepared and issued upon the resale of residential property provides a
reasonable and effective method of disclosing building conditions, unpermitted improvements,
and mandatory items of correction to meet the city codes governing basic health and life safety.
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In addition, the city finds that a report of residential building record provides a valuable
disclosure of building conditions to the purchaser, and an opportunity for the city to enforce
building and zoning codes.
12.36.020 - Definitions.
(a) 'Building official" means the chief building official, an authorized deputy,
designated building inspector or other designated employee of the community development
department building division charged with enforcement and administration of this chapter.
(b) "Owner" means any person, co -partnership, association, corporation or
fiduciary, or their authorized agents) having legal or equitable title or any interest in any
real property.
(c) "Purchaser" means any person, partnership, association, corporation or
fiduciary, or their authorized agent(s) acquiring legal or equitable title or any interest in any
real property.
(d) "Report" means the report of residential building record.
(e) "Residential building" means any improved property designed or permitted
to be used for dwelling purposes (e.g., single-family dwelling, two-family [duplex] dwelling
or multiple -family dwelling [apartment], or townhome), situated in the city and shall include
all the buildings or structures located on the improved real property.
12.36.030 - Report required.
Prior to the sale or exchange of any residential building, the owner thereof shall obtain
from the city a report of residential building record, which documents the findings of a city
permit records search and city inspection.
12.36.040 - Application for report.
An owner required by this chapter to obtain a report shall file an application to the
community development department, building division, on forms provided by the department
containing such information that may be deemed necessary.
12.36.050 - Fees.
A report shall be subject to an application fee made payable upon application to the city
by the owner. The filing fee for the report shall be as set forth in the city's master fee schedule.
12.36.060 - Contents of report.
Upon application of the owner and payment of the fee, the building division shall
review pertinent city records and inspect the premises in question. Upon completion of the
review and the inspection, the building division shall make available to the owner a written
report of residential building record, which shall contain in respect to the residential building
and property the following information:
(a) The street address and assessor's parcel number of subject property;
(b) A statement documenting the zoning district classification for the property
and a list of the zoning permits and/or approvals that have been granted to the property;
(c) A list of the record of construction permits that are on file with the building
division and, if any, the active or expired building permits that have been issued for work not
yet completed on those premises;
(d) A list of past code enforcement cases and actions taken by the city;
(e) A statement confirming the type and number of residential buildings and
dwelling units observed at the time of the city inspection;
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(f) A statement as to whether there are any nonconformities or illegalities in the
structures on the property or the uses such as, but not limited to, undocumented dwelling
units or unpermitted improvements observed at the time of the city inspection;
(g) A statement listing any violations observed at the time of the city inspection
and the required remedy for such violations (e.g., obtaining retroactive permits or
abatement);
(h) A statement of advisory notations from the city on improvements observed
at the time of the city inspection;
(i) The name of the city building inspector that conducted the city inspection
supporting the report findings, along with the name and contact information of the building
division employee that is available to assist in addressing questions and issues;
(j) The dates of report issuance and expiration; and
(k) A return receipt and buyer's certification form.
(1) A notification of the appeal process available to the owner who wishes to
contest the contents of the report.
12.36.070 — Policies, practices and procedures for administering the report program.
The report program shall be administered and enforced by the community development
department consistent with city policies, practices and procedures adopted by resolution of the
city council. The adopted policies, practices and procedures shall address and incorporate, among
others, the following:
(a) Time frames and procedures for report processing and remedies;
(b) The specifics on the scope of the city inspection for owner and purchaser
awareness and to minimize redundancy with the privately -commissioned inspection reports
prepared as part of the resale transaction;
(c) A list of unpermitted improvements disclosed during the city inspection that are
waived from obtaining a retroactive permit(s);
(d) Policies for fees for the report application, appeals, refunds and waivers; and
(e) Measures to facilitate customer awareness and knowledge of the report program.
12.36.080 — Delivery and receipt of report to purchaser.
When completed, the report shall be made available to the seller (owner) or their
authorized agent(s) who shall acknowledge receipt of the same. The owner or their authorized
agent(s) shall deliver the report to the purchaser or transferee prior to the consummation of the
sale. The purchaser or transferee shall execute an acknowledgment of receipt of the report and
deliver a copy of said receipt to the community development department building division.
12.36.090 - Appeals.
The report results and/or findings may be appealed to the community development
director by the owner or his or her authorized representative. All appeals must be filed in writing
with the community development department within five (5) working days of the date of issuance
of the report and accompanied by an appeal fee as set forth and adopted in the city's master fee
schedule. The community development director shall review and render a written determination
on the appeal within 10 working days of the filing date of the appeal.
12.36.100 -Expiration and extension.
The report of residential building record shall be valid for a period of six (6) months
from the date of issuance by the city. Prior to the expiration date of the report, the owner may
request and the city may issue one extension of up to three (3) additional months. There shall
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be no fee for the issuance of the extension. In the event the property is not sold and is
remarketed after the report has expired, a new report shall be requested and issued by the City.
12.36.110 - Exceptions.
The provisions of this chapter shall not apply to:
(a) The first sale of any residential building if such sale is within a twelve-
month period from the recordation of the notice of completion of the residential building;
(b) A re -conveyance by a trustee pursuant to the provisions of a deed of trust;
(c) A transfer of property made without valuable consideration (e.g., transfer by
reason of death or transfer into or out of a revocable trust);
(d) A transfer of property made solely between co-owners; and
(e) The transfer of a mobile home or trailer occupying land pursuant to a month-
to-month rental or annual lease agreement, which does not involve the transfer or
conveyance of real property.
12.36.120 - Compliance with law.
No statements contained in a report of a residential building record issued by the city
shall authorize the use or occupancy of any residential building contrary to the provisions of
any law or ordinance. Every report issued under this chapter shall contain a provision stating
that the issuance of such report shall not constitute a representation by the city that the property
or its present use is or is not in compliance with the law, and that the report does not constitute
a full disclosure of all material facts affecting the property or the desirability of its sale.
12.36.130 — Failure to obtain a report.
Except as provided in this chapter, it is unlawful for the owner of a residential building
in the city to sell or exchange the same without first having obtained a report pursuant to this
chapter and delivering it to the purchaser. Any person violating any of the provisions of this
chapter is guilty of an infraction and upon conviction thereof shall be punished by a fine not
exceeding five hundred dollars ($500.00).
DIVISION 2. SEVERABILITY.
If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held
to be invalid, such decision shall not affect the validity of the remaining portions of this added
ordinance section.
DIVISION 3. PUBLICATION; EFFECTIVE DATE.
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it is adopted.
This ordinance shall be in full force and effect thirty (30) days after its final passage, and the
summary of this ordinance shall be published within fifteen (15) days after the adoption, together
with the names of those Councilmembers voting for or against same, in the Marin Independent
Journal, a newspaper of general circulation published and circulated in the City of San Rafael,
County of Marin, State of California.
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Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk, a certified copy of the full text of this ordinance amendment along with the names of those
Councilmembers voting for or against the amendment.
GARY O�-41LLIPS, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1945 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on December 5, 2016 and was ordered passed to print by the
following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 19th day of December 2016.
Ord 1945—adopted (RBR)
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,,IT sItZ; e-- . J912 -e
ESTHER C. BEIRNE, City Clerk
RESOLUTION NO. 14243
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING POLICIES,
PRACITCES AND PROCEDURES FOR ADMINISTERING AND ENFORCING 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)
WHEREAS, in 1973, the San Rafael City Council adopted Ordinance 1128 adding
Chapter 12.36 (Report of Residential Building Record) to Title 12 (Building Regulations) of the
San Rafael Municipal Code (SRMC) establishing a program (referred to as the "RBR Program")
requiring that, upon the resale of any residential property within the City, the seller shall obtain
from the City a report of the City permit records and City inspection of the property. The report
provides an added level of disclosure to the purchaser of the property; and
WHEREAS, throughout the subsequent years following adoption of Ordinance 1128, the
City has administered the RBR Program employing various levels of inspection and reporting.
Further, throughout the years, the laws regulating and the practices employed in residential
property sales have changed significantly to protect the consumer (purchaser of property).
Today, nearly all residential property resale transactions in Marin County include a privately -
commissioned Contractor's Inspection Report, which address basic health and life -safety; and
WHEREAS, in March 2016, the California State Auditor's Office completed and
published a performance audit report on the City's RBR Program, which report also assessed
similar residential resale programs in the City of Pasadena and the City of Novato. The
performance audit report recommended that the City of San Rafael amend the RBR Program to
incorporate additional processes and procedures to improve and formalize program
administration, inspection and reporting; and
WHEREAS, on November 7, 2016, the City Council reviewed a report of the
Community Development Department presenting five program options and a staff
recommendation to retain the RBR Program with significant improvements. As part of this
review, the City Council considered the oral and written public testimony, ultimately accepting
the agenda report. The City Council directed staff to proceed with preparing: a) amendments to
SRMC Chapter 12.36 to reflect the staff recommendation to retain the RBR Program with
improvements; b) a resolution outlining the recommended policy, practices and procedures for
improving the program; and c) an amendments to the RBR Program fees; and
WHEREAS, on December 5, 2016, the City Council introduced for adoption Ordinance
No. 1945 amending San Rafael Municipal Code Title 12 by adopting new Chapter 12.36 (Report
of Residential Building Record). It is anticipated that the City Council will adopt Ordinance No.
1945 on December 19, 2016. The provisions of this ordinance require that the RBR Program be
administered and enforced by the Community Development Department consistent with City
policies, practices and procedures adopted by resolution of the City Council; and
WHEREAS, on December 5, 2016, the City Council held a duly noticed public hearing
to consider the proposed RBR Program Policies, Practices and Procedures, and considered all oral
and written public testimony and the written report of the Community Development Department;
and
WHEREAS, in considering the municipal code amendments set forth in Ordinance No.
1945, the City Council acknowledged and concurred with the Community Development
Department's recommendation to monitor the administration and enforcement of the RBR
Program consistent with the RBR Program Policies, Practices and Procedures presented herein
for a period of six months following adoption of the ordinance;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the
following RBR Program Policies, Practices and Procedures for administering and enforcing the
RBR Program:
A. SCOPE AND PURPOSE
The scope and purpose of the RBR Program Policies, Practices and Procedures is to
provide and ensure consistent administration, inspections and enforcement of the RBR
Program, and to address basic health and life safety by: eliminating redundancy with
privately -commissioned inspection reports; providing the City's property permit record;
identifying unpermitted alteration and/or construction, or City code violations; and
providing remedies.
B. PROCESS
The following processing steps shall be implemented by the Community Development
Department, Building Division:
1. A standard resale report template shall be maintained and updated when necessary
and shall address/include the following:
a. To eliminate redundancy or inconsistency with the privately -commissioned
Contractor's Inspection Report that is typically prepared during the sales
transaction, the resale report template will not include property inspection and
compliance with basic health and life safety conditions that are covered or
addressed in the privately -commissioned inspection report. Rather, the resale
report will focus on determining that the property is in conformance with the
City's permit record.
b. To streamline the process and minimize inconsistent messaging, the name,
position and contact information for a designated Building Division employee
shall be provided on the report template. This one designated employee shall
serve as the City "clearinghouse" and point of contact to the owner (seller) or
their representative (e.g., their real estate agent, contractor or design professional)
for all questions, inquiries or disputes regarding the resale report.
2. An application form for a resale report shall be made available at the Community
Development Department and on the City website. An application shall be
accompanied by the RBR application fee. An application can be filed by the owner
(seller) or their representative such as their real estate agent. It is encouraged that the
owner (seller) or their representative make an application for resale report early in the
sales process or prior to the property listing.
3. Upon receipt of an application, the Community Development Department staff shall
complete a research of the property permit records (Building and Planning Division
permits) and code enforcement cases on file with the City. The results of the records
search, along with other property information (e.g., property zoning, Assessor's
Parcel Number) shall be entered into the City's RBR report form/template for use by
the inspector.
N
4. Within seven (7) business days following the receipt date of the application, the
Community Development Department staff shall contact the owner (seller) or their
representative to schedule a date and time for City inspection.
5. During the property inspection, the City inspector shall:
a. Take photographs of the property improvements for the City records. To protect
the privacy of the property owner, the photographs shall be stored on a City
server that is not accessible to the public.
b. Focus the inspection on those items listed in RBR template form Sections A
(Residential Dwelling Units [observed] at the Time of Inspection), B (Violations
Requiring Routine Permits, Inspection and Approval) and C (Violations
Requiring Plans, Permits, Inspection and Approval). See "C" below and attached
EXHIBIT A for the "Resale Inspection Checklist."
c. Verbally report to/inform the owner (seller) or their representative of violations
or unpermitted improvements observed during the inspection that do not appear
to match with the property permit records.
6. Following the property inspection, the City inspector shall complete the resale report
by entering the findings of the inspection. For quality control, an internal staff review
of the report shall be completed to ensure that all information and findings are
complete and correct.
7. It is the City's goal to complete the resale report and make it available to the owner
(seller) and/or their representative within three (3) working days of the City
inspection.
If the owner (seller) or their representative should dispute the findings of the resale
report, they can file an appeal with the Community Development Director. All
appeals shall be filed in writing to the Community Development Department within
five (5) business days of the date of issuance of the resale report, and shall be
accompanied by an appeal fee. The Community Development Department shall
review and render a written determination on the appeal within 10 business days of
the filing date of the appeal. The written determination shall be in letter or
memorandum form, which shall be posted in the resale report file. In the event the
appeal action results a changes to the findings or information in the resale report, a
revised resale report shall be issued.
9. An executed copy of the receipt acknowledging that the buyer has received and
reviewed the resale report shall be returned to the Community Development
Department, Building Division. The Building Division shall monitor the return of
the executed receipts until this document is submitted to the City.
C. INSPECTION POLICIES AND PRACTICES
The following policies and practices shall be implemented by the Community
Development Department, Building Division to ensure consistent City inspection
practices, minimize redundancy with privately -commissioned inspection reports and to
provide some relief to the owner in connection with unpermitted improvements:
1. For all resale inspections, the City inspector shall utilize the "Inspection Checklist"
presented in attached EXHIBIT A. The Inspection Checklist identifies what the City
inspector will/will not be reviewing during the City inspection.
3
2. Recognizing that the housing stock in San Rafael is aging and that past City
inspection policies and practices have been inconsistent, the City has
broadened/expanded the list of unpermitted improvements that are considered
"grandfathered" and for which no retroactive permits will be required. This list
includes:
a. Kitchen and bathroom remodels over 25 year old
b. Decks under 30" in height constructed prior to 2005;
c. Replacement of kitchen countertops (over original cabinets);
d. Bathroom vanities and shower enclosures with no other upgrades; and
e. Expired permits for water heaters and furnaces provided that the RBR inspector
determines that they were installed correctly and to -code.
No retroactive permit will be required for the following, as a thorough City
inspection cannot be performed without deconstruction, or the scope of work is
unclear:
f. Roof replacements and new exterior siding replacement; and
g. Expired building permits where there was no final inspection and no plans to
confirm work.
The above unpermitted improvements will be documented and noted in the resale
report.
3. To promote consistency in inspection practices, the City shall strive to use a regular
or fixed -term employee to conduct the property inspections.
D. REMEDIES FOR VIOLATIONS & UNPERMITTED IMPROVEMENTS
To ensure that the report recipient is aware of and understands the available remedies for
resolving violations and unpermitted improvements, the Community Development
Department, Building Division shall implement the following:
1. The resale report template shall include an informational statement or handout
describing the follow-up steps, requirements (what to expect such as a formal City
Notice & Order to abate or correct the violation), remedies and timelines for
addressing violations and unpermitted improvements. This informational
statement/handout shall also offer that if the owner (seller or buyer) intends on
remodeling or pursuing home improvements that would replace the unpermitted
improvements, the owner can inform the City in -writing of their intent to do so,
which may negate the requirement for corrections or retroactive permits.
2. A standard notice detailing the violation(s) and recommended remedies shall be
mailed to the owner within 10 calendar days following availability and delivery of
the resale report to the owner.
3. For unpermitted improvements that have been identified, not less than 180 days will
be provided to the owner (seller or buyer) to correct, permit or abate before code
enforcement actions are initiated by the City.
4. For unpermitted improvements that have been identified and determined to have
existed prior to the current owner's [seller's] purchase of the property but had not
been disclosed/identified in previous City -issued resale report), not less than 365
days will be provided to the owner (seller or buyer) to correct, permit or abate before
any code enforcement actions are initiated by the City.
2
An amnesty program shall be established and implemented on a bi-annual basis
commencing in 2017. The amnesty program shall provide the opportunity for an
owner to file for and obtain retroactive permits for unpermitted improvements.
During the amnesty period, penalties will be waived; however, the property owner
will be required to pay for all regular building permit -related fees. An announcement
of the bi-annual amnesty program shall be noticed in the Marin Independent Journal
and posted on the City website and/or other City media sources. The Marin
Association of Realtors, the Marin Builder's Association and local
neighborhood/homeowner associations shall be provided notice of the amnesty
program.
E. NOTICE OF COMPLIANCE
In cases where no violations are noted in the resale report, or when the owner completes
all corrections or remedial actions to resolve violations or unpermitted improvements, the
Community Development Department Building Division shall issue a "Notice of
Compliance." The Notice of Compliance shall be issued to the owner and a copy shall be
stored in the City's property address/permit file. The intent of this notice is to establish
that the subject property and all structures or improvements on said property, have been
legally constructed, inspected and approved by the City and is in conformance with the
official permit records at the time of issuance. If illegal improvements which may have
been overlooked or concealed are later identified which predated the issuance of the
certificate, the City may provide written notice to the current owner detailing the matter,
and post a copy of that notice in the property record for the benefit of any future owners
of the property; however the City will not pursue any enforcement action to compel the
property owner to legalize or abate the illegal improvement.
F. FEES
As adopted by separate City Council resolution, the City of San Rafael Master Fee
Schedule includes an RBR application fee and an appeal fee for the owner or purchaser
that wishes to appeal the results and/or findings of the issued resale report. The following
fee policies shall apply:
1. The Community Development Department shall offer a refund of the application fee
where a "clean" resale report has been issued citing no violations or required
corrections.
2. The Community Development Department shall waive permit fees and penalties for a
violation(s) that existed prior to the current owner's (seller's) purchase of the
property, where the violation had not been disclosed or identified in previous resale
report. To obtain a waiver of fees and penalties, the owner is required make such a
request before a building permit application is filed with the Building Division. The
request must be accompanied by proof that the violation existed prior to their
purchase of the property.
G. PUBLIC EDUCATION
The Community Development Department shall make every effort to provide the public
with adequate, complete and up-to-date information on the RBR Program. To facilitate
this effort, the following shall be implemented:
1. Staff shall prepare, maintain and update as necessary, an informational handout
"How to Prepare for an RBR Inspection", which: a) explains the purpose and scope
of the resale report and inspection; b) provides a list of what the City inspectors
will/will not be looking for during an inspection ("The Checklist" referenced above);
c) notes what the owner or purchaser should look for in the privately -commissioned
5
inspection reports to address basic health and life/safety; and d) lists resources for
researching property permit history. The informational handout shall be posted and
maintained on the City website and hardcopies shall be made available at the
Community Development Department. The informational handout and any periodic
updates to the handout shall be distributed to the Marin Association of Realtors.
2. A "How to Prepare for an RBR Inspection" video shall be produced and posted on
the City website.
3. Staff shall expand, maintain and update (as necessary) a list of "Frequently Asked
Questions" (FAQ) about the RBR Program. The FAQs shall be posted and
maintained on the City website.
4. At the beginning of each calendar year, the Community Development Department
shall host a "Coffee and Codes" workshop providing an educational refresher on the
RBR Program. The Coffee and Codes shall be targeted for the real estate
professional, public (seller and buyer), as well as the design and construction trades.
H. SIX-MONTH PROGRESS REPORT AND REVIEW
Six months following the adoption of Ordinance No. 1945, the Community Development
Department shall prepare a progress report on the RBR Program. The progress report
shall be presented to the City Council for review.
BE IT FURTHER RESOLVED that any and all amendments to the RBR Program
Policies, Practices and Procedures as deemed necessary from time -to -time shall be adopted by
resolution of the City Council.
I, ESTHER C. BEIRNE, 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 Stn day of December 2016.
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
O&W
ESTHER C. BEIRNE, City Clerk
EXHIBIT A: "RESALE" INSPECTION CHECKLIST
CC Reso 14243adopted (RBR)
no
1
-+ z
C'rr W I T H A d'�Z
"Resale" Inspection Checklist
Exhibit A
The primary focus of the resale inspection is to ensure that all structures and improvements meet basic health
and life -safety standards as mandated through State codes.
The City inspection will identify any improvements that may have been constructed without benefit of City
permits, so as to ensure that they meet the basic health and life safety standards such as:
• proper foundations and structural framing to assure maximum survivability in an earthquake
• safe electrical installations to prevent fire or shock
• proper sanitary installations for public health
• proper gas installations to prevent fire or personal injury
• appropriate fire resistance
• proper exiting — such as in case of fire or disaster
• room sizes and minimum light and ventilation to assure a healthy environment
The City inspection will include the following improvements:
❑ Verification on the land use and number of dwelling units (e.g., inspecting for unpermitted/illegal 2nd
Dwelling Unit)
❑ Basement and/or Attic Conversions (conversion of storag e/crawlspace to habitable space)
❑ Garage Conversions (the minimum size of a garage cannot be diminished by any improvements per the
zoning ordinance — 2 car garage minimum 20 x 20; 1 car garage minimum 10 x 20; 2 car carport 18 x
19; 1 car carport 9 x 19)
❑ Addition(s) (Additional square footage added)
❑ Exterior Stairways / Deck(s) / Balconies constructed or reconstructed
❑ Outlets Added / Recessed Lighting / Circuits for Appliances Added (all electrical work requires
inspection)
❑ Plumbing fixtures added — water and sewer connections
❑ Kitchen Remodeled (New cabinetry constitutes remodeling)
❑ Bathroom Remodeled (Tub, Shower, Vanity — Vanity only typically not enforced)
❑ Hot Tubs/ Spas
❑ Wood Stoves/Fireplace Inserts New gas line? New electrical?
❑ Water Heater / Boiler Replaced
❑ Furnace / Heat Pump / AC / Wall Heater Replaced
❑ Carports / Patio Covers/ Trellis'/ Arbors/ Accessory Structures to ensure sound and safe
foundation/framing and that there is no fire exposure to neighboring properties
❑ Windows / Exterior doors added or replaced to ensure that the windows are tempered (safety glazing)
and that adequate fire exiting is provided for the safety of the residents
RESOLUTION NO. 14244
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AMENDING
THE MASTER FEE SCHEDULE FOR SERVICES RELATED TO
RESIDENTIAL RESALE INSPECTION REPORTS ADMINISTERED
THROUGH THE RESIDENTIAL BUILDING RESALE REPORT
PROGRAM (RBR PROGRAM)
WHEREAS, the City of San Rafael has conducted an analysis of its services, the costs
reasonably borne, the beneficiaries of those services and the revenues produced from those paying fees;
and
WHEREAS, the City wishes to comply with both the letter and spirit of Article XIIIB of the
California Constitution and limit the growth of taxes; and
WHEREAS, the City has a policy of recovering, except as provided in San Rafael Municipal
Code Section 3.34.040, the full costs reasonably borne of providing special services of a voluntary and/or
limited nature, such that general taxes are not diverted from general services of a broad nature, and
thereby utilized to subsidize unfairly and inequitably such special services; and
WHEREAS, in March 2016, the California State Auditor's Office published a performance audit
report on the City of San Rafael Residential Building Resale Report Program (RBR Program). The
performance audit report recommends, among others, that the City study and update the residential resale
inspection report fees to better reflect City costs for the RBR Program administration. Further, the
performance audit report recommended that a more formal "complaint" process be established (e.g., an
appeal process) to address customer complaints; and
WHEREAS, on December 5, 2016, the City Council introduce for adoption Ordinance No. 1945
amending Municipal Code Title 12 to amend Chapter 12.36 (Report of Residential Building Record).
The provisions of this ordinance require that the RBR Program be administered and enforced by the
Community Development Department consistent with updated policies, practices and procedures, which
have an impact on staff time and cost for administering the RBR Program; and
WHEREAS, it is the intention of the City Council to develop a revised schedule of fees and
charges based on the City's budget and projected costs, reasonably borne; and
WHEREAS, the amendment to the City's Master Fee Schedule complies with all of the
requirements of California Government Code and other applicable laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Amendment to Fee Schedule
The following fees and charges are hereby directed to be computed and applied by the various City
departments and to be collected by the City's Finance Department. Increases or decreases in fees reflect
changes in salaries, benefits, and other costs related to the cost of providing the service, including flat
base fees, deposits for service and the calculation of fully burdened hourly rates (FBHR) for billable staff
time.
Amended Fee
Section Service Description
05.06.10 Residential Resale Inspection Report (excluding
condominiums)
05.06.11 Condominium Resale Inspection Report
New Fee
Section Service Description
05.06.12 Appeal- Residential Resale Inspection Report
Charge
$290.00 per single family dwelling;
$270.00 per first unit of multiple
family dwelling property plus $30.00
for each additional multiple family
dwelling unit
$255.00 per condominium
Charge
$100.00
The above amendments are reflected in attached Exhibit A, Section 5 of the Master Fee Schedule.
Section 2. Separate Fee for Each Service
All fees set by this resolution are for each identified service; additional fees shall be required for each
additional service that is request or required. Where fees are indicated on a per unit measurement basis,
the fee is for each identified unit or portion thereof, within the indicated ranges of such units.
Section 3. Basis of Charges
The Council finds and determines that the charges for services imposed by this Resolution are necessary
to cover the costs of providing the specified services and that such charges do not exceed the reasonable
costs of providing said services.
Section 4. Interpretations
The City department directors, in consultation with the City Manager may interpret this Resolution.
Should there be a conflict between two fees applicable to the same service, then the lower in dollar
amount of the two shall be applied.
Section 5. Waiver of Permit Fees and Charges
The City Council may, on a case-by-case basis, grant a waiver of payment of all or portion of the fees
established by this Resolution when it determines that it is in public interest to do so.
Section 6. Repeal
Resolutions and other prior actions of the City Council in conflict with the contents of this Resolution are
hereby repealed.
Section 7. Severabilitv
If any portion of this Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions and all other portions
2
shall remain in full force and effect. The City Council declares that it would have adopted this Resolution
and each section or portion therefore irrespective of the validity of any other section or portion.
Section 8. Effective Date
This Resolution, including the fees and charges provided herein, shall become effective immediately.
Section 9. California Environmental Oualitv Act
The adoption of this Resolution, including the fees and charges provided herein, is statutorily exempt
from the California Environmental Quality Act under public Resources Code Section 21080(b)(8), as the
establishment and modification of charges by a public agency to meet operating expenses.
I, ESTHER C. BEIRNE, City 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 said
City held on the 5TH day of December 2016, by the following vote, to wit:
AYES:
Councilmembers:
Mayor Phillips, Bushey, Colin, Gamblin and McCullough
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ESTHER C. BEIRNE, City Clerk
Exhibit A Master Fee Schedule, Section 5 (Building Services/Fire Prevention)
CITY OF SAN RAFAEL - Master Fee Schedule Table
Amendments to Residential Resale Inspection Report Fees
05.06.10 RESIDENTIAL RESALE INSPECTION REPORTS $165.00 $290.00 PER SINGLE FAMILY
(EXCL. CONDQS CONDOMINIUMS) DWELLING A4D
05.06.11
CONDO CONDOMINIUM RESALE
INSPECTION REPORT
$270.00 PER FIRST UNIT OF MULTIPLE
FAMILY DWELLING PROPERTY PLUS
$50.00$30.00 FOR EACH ADDITIONAL
MULTIPLE FAMILY DWELLING
255.00 PER CONDO
CONDOMINIUM
05.06.12 APPEAL $100.00
9
cNMEN-� 4
PROGRAM
Y FOR RgR
COSH S�uD p16
De
cembef 1, 2
Cost Study for RBR reports
Single Family Home
Staff member
Function
Time (hours)
FBHR
Cost
Permit Tech
Process the application
0.15
$90
$13.50
Permit history search &
rough out report. Call
applicant and schedule
Admin Assistant
inspection
0.65
$87
$56.55
Research Planning files/
applications and enter into
Planning Tech
report 'shell'
0.25
$84
$21.00
Perform field inspection &
RBR Inspector
enter information into report
1.1
$120
$132.00
Proof report, convert to PDF,
Admin Assistant / Permit
attach electronic copy to
Services Coordinator
Trakit
0.4
$103
$41.20
N/A
Vehicle, gas, office supplies
$11.00
Prepare and attach a notice
Admin Assistant
of compliance
0.2
$87
$17.40
TOTAL:
$292.65
Cost Study for RBR reports
Apartments
Staff member
Function
Time (hours)
FBHR
Permit Tech
Process the application
0.15
$90
Permit history search &
rough out report. Call
applicant and schedule
Admin Assistant
inspection
0.65
$87
Research Planning files/
applications and enter into
Planning Tech
report 'shell'
0.25
$84
Perform field inspection &
RBR Inspector
enter information into report
0.9
$120
Proof report, convert to PDF,
Admin Assistant / Permit
attach electronic copy to
Services Coordinator
Trakit
0.4
I
$103
N/A
Vehicle, gas, office supplies
l
Prepare and attach a notice
Admin Assistant
of compliance
0.2
$103
TOTAL:
Inspect individual units (each)
I
RBR Inspector
and enter results
0.25
$120
Cost
$13.50
$56.55
$21.00
$108.00
$41.20
$11.00
$20.60
$271.85
$30.00
Cost Study for RBR reports
Condominium
Staff member
Function
Time (hours)
FBHR
Cost
Permit Tech
Process the application
0.15
$90
$13.50
Permit history search &
rough out report. Call
applicant and schedule
Admin Assistant
inspection
0.5
$87
$43.50
Research Planning files/
applications and enter into
Planning Tech
report 'shell'
0.25
$87
$21.75
Perform field inspection &
RBR Inspector
enter information into report
0.9
$120
$108.00
Proof report, convert to PDF,
Admin Assistant/ Permit
attach electronic copy to
Services Coordinator
Trakit
0.4
$103
$41.20
N/A
Vehicle, gas, office supplies
$11.00
Prepare and attach a notice
Admin Assistant
of compliance
0.2
$87
$17.40
TOTAL:
$256.35
ATTACHMENT 5
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
You are invited to attend the City Council hearing on the following project:
PROJECT: Residential Building Resale (RBR) Program. The City Council will consider: a)
amendments to San Rafael Municipal Code Chapter 12.36 (Report of Residential Building
Record) updating the purpose, scope and provisions of the RBR Program; b) adoption of a
resolution setting forth policies, practices and procedures for administering and enforcing the
RBR Program; and c) amendments to the City of San Rafael Master Fee Schedule for services
related to RBR Program.
As required by state law, the project's potential environmental impacts have been assessed.
Planning staff recommends that this project will not have a significant effect on the
environment as it is covered by the general rule, pursuant to CEQA Guidelines Section
15061(b) (3), and is not subject to environmental review.
HEARING DATE: Monday, December 5, 2016 at 7:00 P.M.
LOCATION: San Rafael City Hall — City Council Chambers
1400 Fifth Avenue at "D" Street
San Rafael, California
WHAT WILL You can comment on the project. The City Council will consider all public testimony and
HAPPEN: decide whether to approve the amendments to the Municipal Code.
IF YOU CANNOT You can send a letter to the City Clerk, City of San Rafael, 1400 5t' Avenue, San Rafael, CA
ATTEND: 94901, or an email to esther.beirne(a,citvofsanrafael.org, You can also hand deliver a letter
prior to the public hearing.
FOR MORE Contact Thomas Ahrens, Chief Building Official at (415) 485-3357 or
INFORMATION: thomas.ahrens@cityofsanrafael.org. You can also view the staff report after 5:00 p.m. on
the Friday before the meeting at http://www.citvofsanrafael.org/meetings.
SAN RAFAEL CITY COUNCIL
/s/ Esther Beirne
Esther Behme
CITY CLERK
At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter
described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Government Code Section 65009 (b)
(2))•
Judicial review of an administrative decision of the City Council must be filed with the Court not later than the 90th day following the
date of the Council's decision. (Code of Civil Procedure Section 1094.6)
Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3085 (voice) or (415) 485-3198
(TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para -transit is available by calling
Whistlestop Wheels at (415) 454-0964.
To allow individuals with environmental illness or multiple, chemical sensitivitities to attend the meeting/hearing, individuals are
requested to refrain from wearing scented prod
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) --> CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: Click here to enter a date.
From: Paul Jensen
Department: Community Development
Date: 11/25/2016
Topic: RBR Program
Subject: Amendments to SRMC Title 12, Chapter 12.36 and accompanying resolutions (2)
addressing RBR Program policies, practices, and procedures, as well as adjustments to RBR Program
fees
Type: ® Resolution ® Ordinance
❑ Professional Services Agreement ❑ Other: Staff Report
® Finance Director
Remarks: MM - 11/28 Approved with minor suggested edits to fiscal impact section and a
question
® City Attorney
Remarks: LG -approved 11/29 with comments/questions and recommended revisions.
® Author, review and accept City Attorney / Finance changes
Remarks: PJ- amendments made per City Attorney comments. Ready for City Manager review.
® City Manager
Remarks:
