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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 N 91 Larkspur, San Rafael California Mural: Front View 28' Mural (not to scale) INN x INN Na ?{ Tyra 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 ,i "Ei �:..h? '."� :i. .�".. i 5 i ..:c % 7" t �� ; �.::s'� .0 , _} tj i,.. ..:JR. F.- ��:�, 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 ,i "Ei �:..h? '."� :i. .�".. i 5 i ..:c % 7" t �� ; �.::s'� .0 , _} tj i,.. ..:JR. F.- ��:�, 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