HomeMy WebLinkAbout2011-06-06_cityofsanrafael_ddf81c6db75ec999053494e78bfbd98coTY of . Agenda
` Agenda Item No: 6
Meeting Date: June 6, 2011
'n. 1�
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: -4�ht K &OLoY4fu City Manager Approval. .
Robert M Brown, Community Development Director (RB)
SUBJECT: Request for a waiver of Planning Division fees up to $7,833 required for the submittal of a
Major Environmental and Design Review Permit to install a painted mural on a building wall at 91
Larkspur St in the Canal Neighborhood; File No. P11-005.
RECOMMENDATION: Grant the fee waiver up to $7,883 by adopting the attached Resolution
(Attachment 2).
BACKGROUND: On March 5, 2001, the City Council adopted Resolution No. 11025, establishing policy for
consideration of fee waiver requests (see Attachment 1). Section 2c of this policy identifies that the City will
consider fee waiver requests for:
"Governmental agencies, non-profit or other community organizations which provide services which
principally benefit lower income residents of San Rafael, up to a maximum waiver of $2, 000 per
request. Demonstration of service to lower income residents shall be indicated by dedication of at
least one half of the agency's operating budget for direct services or contributions to individuals or
households earning less than 50% of County median income levels."
Section 3 of the fee waiver policy states that the "consideration of fee waiver shall also be based upon the impact
of such waivers on the General Fund." Lastly, Section 4 of the fee waiver policy states that "fee waiver requests in
excess of $2,000" shall be forwarded to the City Council for consideration."
ForWords is a non-profit organization that is housed in and works directly with the Canal Alliance. Canal Alliance
is the 501(c)3 agent for the For Words organization, Canal Alliance is a long standing non-profit organization in
the Canal neighborhood providing a comprehensive community resource center that develops self-sufficiency and
leadership in Marin's low-income immigrant populations through access to health and social services, youth
development, economic security, and citizenship. ForWords provides literacy support services for students in the
Canal area by providing services to students in the Canal Alliances' after school educational program.
Recently, ForWords received a $15,000 grant from the Marin Community Foundation to create a community
mural in the Canal area. The grant will be used to provide support, material and other professional activities so
that the students in the ForWords program can be directly involved in the planning and installation of the mural.
ForWords has selected 91 Larkspur St to be the location of the mural. This location hosts the offices of the Canal
Alliance. The mural is proposed to be 22 feet tall by 28 feet wide and would be installed on the existing building
fagade, just left of the front door (as viewed from Larkspur St). The mural would be painted on a plaster board and
then attached to the exterior building wall using a curtain wall H -assembly and protruding a few inches off the
wall. The proposed mural was designed by the students with a focus on the importance of a peaceful, non violent
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page:2
world in which education is a central goal. See Attachment 3 for plans and information on the proposed mural.
The applicant has also submitted sign petitions and letters of support from surrounding business and residents.
Section 14.25.040 of the City's Zoning Ordinance requires approval of a Major Design Review Permit prior to the
installation of any mural, Major Design Review Permits require the review and recommendation of the Design
Review Board and the approval of the Planning Commission. The City's adopted fee schedule identifies that
Major Design Review Permits are considered a 100% cost -recovery type of fee and require the submittal of an
initial deposit of $7,883 to commence the application process. The Design Review Permit process will evaluate
the design and merits of the proposed mural.
ForWords has submitted the attached letter (Attachment 4) requesting a waiver of the Planning application fee
(upto $7,883) for the Major Environmental and Design Review Permit, The letter identifies that the Canal Alliance
meets the threshold for non-profit organizations listed in Section 2c of the fee waiver policy, specifically:
➢ The median income of Canal families is $28,000 or less, which is less than 50% of the County
Median income ($89,089 in 2009); and
➢ 77.2% of the Canal Alliance's. budget is directed toward services and support for low-income
households in the Canal.
FISCAL IMPACT: The second criterion for consideration of a fee waiver, the impact on the General Fund,
depends upon the foregone application fees that the processing of the Major Environmental and Design Review
Permit application would entail. This type of permit would normally be processed on a cost -recovery basis, as
provided for in the Council -adopted Fee Schedule. An initial deposit of $7,883 would typically be required at the
time of application submittal and the initial deposit amount is established to cover approximately 70% of the total
typical costs associated with processing of a Major Design Review Permit. Of the $7,883 initial deposit, $4,607
are fixed fees for overhead costs (noticing, posting, reproduction, as well as the time for review by certain
administrative staff and review by other City departments) and the remainder, $3,226, is a billable deposit of
which covers approximately 29 hours of a project planner's processing time. When the deposited funds have
been expended, an additional deposit is requested to cover estimated time to complete the processing of the
application. The ultimate amount of staff time spent on the application is often a function of the level of
controversy and community involvement.
Staff estimates that the Major Design Review Permit for a mural can be completed within the billable time
allocated in the deposit amount (29 hours). Based on this estimated number of staff hours to process the Major
Design Review, the application fee for this Major Design Review Permit might range from $6,216.50 (at 14.5
hours of planner time) to $7,883 (at 29 hours of planner time), The requested total fee waiver, therefore, could
mean the loss of $6,216.50 — $7,883 in revenue and would constitute 1.4% to 1.7% of the anticipated annual
revenue ($455,249) from planning applications.
OPTIONS: The following options may be considered by the City Council on this matter:
1. Grant the fee waiver up to $7,883 (staff recommendation); or
2. Grant the fee waiver for a lesser amount; or
3. Deny the fee waiver requests, requiring that the applicant to be responsible for all billable fees.
ACTION REQUIRED: The Council is to consider the fee waiver request and to take one of the three
options listed above. Staff is recommending the granting of the fee waiver.
ATTACHMENTS:
I. City Council Resolution 11025 Re: Fee Waiver Policy
2. Draft Resolution Granting a Fee Waiver
3, Project Plans — Site Plan, Description of Mural Plan, Mural Design, Pictures of Location of Mural
(Color copies for Council members only)
4. Fee Waiver request from Larry Siegel - ForWords, letter dated January 17, 2011
RESOLUTION NO. 11025
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RESCINDING RESOLUTION NO.
10789 AND ESTABLISHING A POLICY FOR CONSIDERATION OF FEE WAIVER
REQUESTS FOR PLANNING AND BUILDING PERMITS.
WHEREAS, on March 5, 2001 the San Rafael City Council adopted Resolution 10789 establishing criteria for
consideration of Planning and Building permit fee waiver requests; and
WHEREAS, since that time waiver requests in the amount of $17,860 have been granted by the'City Council;
and
WHEREAS, the City's permit revenues during calendar year 2001 have decreased approximately 20% from the
previous year and from budget projections; and
WHEREAS, the City's General Playa contains policies encouraging fee waivers as an incentive for creation of
affordable housing and establishment of day care facilities;
NOW, THEREFORE BE IT RESOLVED that the City Council of San Rafael rescinds Resolution No, 10789;
and
FURTHER, BE IT RESOLVED that the City Council of San Rafael establishes its revised policy for the
consideration of fee waiver requests as follows:
1. The City will consider requests for waiver of applicable fees for Planning and Building permits only, not
including mitigation fees such as traffic impact and parkland dedication in -lieu fees.
2, The City will consider waiver of such fees for:
a) Child care facilities where it can be demonstrated that the waiver contributes to making such services
more affordable to the general public,
b) Affordable housing units included in the City's Below Market Rate (BMR) housing program or where
units are similarly restricted for long term affordability, based on the proportion of BMR to market -rate
units within the application, or
c) Governmental agencies, non-profit or other community organizations which provide services which
principally benefit lower income residents of San Rafael, up to a maximum waiver of $2,000 per
request. Demonstration of service to lower income residents shall be indicated by dedication of at least
one half of the agency's operating budget for direct services or contributions to individuals or
households earning less than 50% of County median income levels.
d) Consideration of fee waivers shall also be based upon the impact of such waivers on the General Fund.
e) Requests for waivers shall be made to the Director of Community Development and processed by assigned
staff, consistent with the criteria listed above, Requests for fee waivers for affordable housing and day care
facilities in excess of $2,000 per request shall be forwarded to the City Council for consideration, Requests
which are denied by staff may be appealed to the City Council for consideration, at no fee.
I, JE ANNE, M. LEONCINI, 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 Council of said City on Monday, the
eighteenth day of March, 2002, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None Attachment 1
®�,i -
JEA ,M. LEONcrM, City Clerk_
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL WAIVING THE
APPLICATION PROCESSING FEE (UPTO $7,833) FOR AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT APPLICATION
REQUESTING APPROVAL FOR A PAINTED MURAL ON A BUILDING WALL
AT 91 LARKSPUR ST. IN THE CANAL NEIGHBORHOOD, Pll-005
WHEREAS, City Council Resolution No. 11025 (policy for consideration of fee waiver
requests for planning and building permits) sets forth procedures for waiving planning application
fees from non-profit applicants providing services to low-income persons up to $2,000 and gives
the City Council discretion for granting fee waiver requests in excess of the $2,000 maximum;
and
WHEREAS, on January 17, 2011, Larry Siegel on behalf of ForWords, a non-profit
organization that works for the Canal Community Alliance, submitted a letter requesting a fee
waiver of all planning fees relating to securing a Major Environmental and Design Review Permit
to install a painted mural on the building fagade at 981 Larkspur St in the Canal neighbohrood;
and
WHEREAS, on June 6, 2011, the City Council considered the proposed fee waiver item,
accepting the written report of the Department of Community Development and public comment;
and
NOW, THEREFORE BE IT RESOLVED that.the City Council of San Rafael finds that the
"ForWords" organization, through the Canal Alliance, meets the criteria for consideration of a fee waiver
given that: a) the median income of Canal families is $28,000 or less, which is less than 50% of the
County Median income of $89,089 in 2009; and b) 77.2% of the Canal Alliance's budget is directed
toward services and support for low income households in the Canal.
NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of San Rafael
hereby waives all Environmental and Design Review Permit fees up to the $7,883 required for the
Major Environmental and Design Review Permit for "For Words" to pursue an application for the
installation of a painted mural in the Canal neighborhood; and
I, ESTHER BEIRNE, 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 the City of San Rafael, held on Monday the 6"' day of June 2011, by the following
vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ESTHER BEIRNE, City Clerk
Attachment 2
JTForW
ne Catie Siegel
Community
Writing Center
est. 2007
www,forwords,org Addendum: Details for Mural Application.
Mural Location: Canal Alliance, 91 Larkspur, San Rafael.
BOARD OF DIRECTORS
GAIL SIEGEL,
The mural will be:
PRESIDENT
IVIRGHAN FARLRY
1. On the Canal Alliance building fagade, 91 Larkspur, immediately to the left
STAGY FRIEDMAN
of the front door (looking from the street).
JEFF GOUGH
2. The mural will be 22 feet high and 28 feet wide.
JUDY GOUGH
3. The mural will be fully removable from the exterior wall, using a "curtain
CLARA GRF,I5?1'IAN
wall H -channel assembly." The assembly will be attached to the wall and
DIANA HAMMER
protrude a few inches from the wall.
SUSAN MATROSS
ALAN MAYER
4. The mural will be `non-bearing' and built with Purock board panels.
SHEILA PRESSLEY
5. The mural will be plastered for the application of the mural material.
SUE SELIGMANN
6. The mural will be first painted with one coat pruner or gesso and then the
ELISAEETH SIR( -,RL
"best" acrylic paint, highly pigmented, lightfast and durable. Once dried,
LAW KENCE SIEGEL
the mural will be given a coating to protect it from the elements, graffiti, etc.
CAROL TATF.ISHI
SHEILA ToRRES
7. The theme of the mural was entirely designed by our students with a focus
SUZANNR WARNRR
on the importance of a peaceful, non-violent world in which education is the
central goal (in the eye of the woman in the middle is a diploma and at the
DAVID WARNER
bottom -center there is a book that says, "Learning is an achievement in
NANCY WASSERMAN
STEVE WASSERMAN
KRISTINA H. WOOLSF.Y
8. Our students will produce a movie and book describing in detail the
development, purpose, components, and making of the mural.
9. The mural is a collaborative project between the Canal Alliance and its
educational partner, ForWords. The funding for this project was made
entirely possible by a grant from the Marin Community Foundation.
Attachment 3
GAIL, LAWRENCE & ELISABETH SIEGEL 136 LAUREL DR. FAIRFAX CA 94930 SIEGELGAIL A YAHOO.COM
recycled Ld recyclable
N
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91 Larkspur, San Rafael California
Mural: Front View
28'
Mural
(not to scale)
INN
x
INN
Na
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b
JVS* Mord
The Catie Siegel
ai �ufift
Writir)g Center
est. 11007
=r ww.forwords.oi-g
January 11, 2011
City of San Rafael
Community Development Department
Planning Division
1400 Fifth Ave.
San Rafael, CA 94915
RE: Waiver of Fee for City Mural
Dear Planning Division:
�, �r v- g •�Ayy e�
ForWords is an organization that provides literacy support services for the
students in the Canal Area of San Rafael. The Canal Alliance is our 501(c)(3)
agent and also the entity with which we collaborate directly to provide services
to students in the Canal Alliance's after-school educational programs [Youth
Development Education Program' YDEP]. ForWords can be found @ www.
ForWords.org.
ForWords has received a $15,000 grant from the Marin Community
Foundation for 2011 to create a community mural in the Canal area. Our grant,
will be specifically used to provide support, materials and other professional
activities so that the YDEP students can be directly involved in the planning and .
creation of this mural.
Attachment 4
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We will be submitting required documents to secure a permit for this
:..,a•;;;,;. ,- ;,-; :,
project, but understand that we can request a Waiver of the permit fee prior to
such submission.
We are therefore requesting a waiver of the full fee (approximately
$7,800). Our request is based on the following:
1. We project a total cost for planning, developing, and creating the mural at
or potentially above the $15,000 grant so that any license fee will
represent a significant portion of our total budget. Without a complete
waiver the project cannot likely go forward.
2. The educational and other needs of our students are profound and this
project will allow them a chance to engage in educational and other
activities that will help them become productive members of the Marin
Attachment 4
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San Rafael Planning Division
January 12, 2011
Page Two
community and our democracy. Our students will be engaged in a variety of
activities that go to the heart of providing them an enriched program and the
opportunity to overcome the challenges they face. Among other things our
students will engage in significant research, analysis and discussion regarding the
possible topics of the mural; they will be directly involved in the permit process
and other procedures; they will engage the community so that the mural
represents the vision and hopes of the community; they will work with University
of California Bay Area Writing Project consultants to develop the written
plans/ideas for the mural and produce (separately) a published book .on their
activities as well as a documentary of the process; and finally they will work
directlywith artists to make the mural a reality. The benefits to these students and
the community (which currently has little or no visually appealing amendments to
[lie community and certainly nothing that conveys the pride and determination of
this community) will be significant, both in terms of educational growth and
community involvement.
3. The Canal Alliance meets all requirements regarding the Waiver. I note the
following;
The annual median income for Marin County (2009) is $89,019; the median
income for Canal residents is $28,000 or less (our students are part of families
that are represented by these concerning. figures).
For 2010-2011, 77.2% of the Canal Budget will go to direct services.
We hope you will carefully consider the above and provide a full waiver of any
potential permit fee so that this necessary project can go forward.
Thank you.
' exely,
awrence Siegel
Co -Found ForWords