HomeMy WebLinkAboutReso 2016-240RESOLUTION NO. 2016-240
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE WAIVER OF
UNCOLLECTED CONDITIONAL USE PERMIT APPEAL
PROCESSING FEES FOR THE RANCHO VISTA COVENANT
CHURCH PROJECT AT 2088 OTAY LAKES ROAD, SUITES
101 AND 201 (PCC -015-014) AND MAKING THE REQUIRED
FINDINGS THEREFOR
WHEREAS, at the September 13, 2016 meeting of the Chula Vista City Council, Debra
Farrar requested a fee waiver on behalf of Rancho Vista Covenant Church during Public
Comments; and
WHEREAS. Council directed staff to return with an item to consider such a waiver; and
WHEREAS, Rancho Vista Covenant Church applied for and received a Conditional Use
Permit (CUP) to establish a church at 2088 Otay Lakes Road, Suites 101 and 201; and
WHEREAS, the Zoning Administrator's issuance of the subject CUP was appealed by
Carillo Commercial Properties; and
WHEREAS, per the City's Master Fee Schedule, the original permit applicant is
responsible for all staff costs incurred processing an appeal; and
WHEREAS, Rancho Vista Covenant Church deposited a total of $5,000 to off -set staff
time charges associated with processing the appeal of their CUP; and
WHEREAS, City staff costs incurred totaled $8,954, of which $2,500 was waived by the
City Manager under his authority pursuant to Chula Vista Municipal Code (CVMC) Chapter
3.45 following receipt of a written request for waiver of said fees, leaving an outstanding amount
due of $1,454; and
WHEREAS, Rancho Vista Covenant Church is requesting a waiver of the outstanding
amount due of $1,454; and
WHEREAS, in accordance with CVMC Section 3.45.010, the City Council held a public
hearing on the requested waiver of the outstanding amount due of $1,454.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby finds the submittal of a written request for the waiver of $2,500 on
September 6, 2016, and the verbal request for an additional fee waiver made during public
comments at the City Council meeting held on September 13, 2016, substantially meets the
requirements of CVMC 3.45.010(C)(1).
Resolution No. 2016-240
Page No. 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
also hereby finds that collecting the outstanding appeal processing fees from Rancho Vista
Covenant Church would result in a peculiar. economic hardship, which outweighs the need for
City revenue and the need for a uniform method of recovering the same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
approves the waiver of uncollected Conditional Use Permit appeal processing fees for the
Rancho Vista Covenant Church project at 2088 Otay Lakes Road, Suites 101 and 201 (PCC -15-
014).
Presented by
Kelly G. oughton, FASLA
Director of Development Services
Approved as to form by
Olen R�Googins
ity Attorney
Resolution No. 2016-240
Page No. 3
PASSED; APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of November 2016 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
"-�' &
Mary S14s, Mayor
ATTEST:
"
Donna IUNorris, tMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2016-240 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 15th day of November 2016.
Executed this 15th day of November 2016.
Donna R. rris; 644C, City Clerk