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Home My WebLink About1994/09/20 Item 6 COUNCIL AGENDA STATEMENT COIMIQ,....f ''''~ Ol^t .? I ' If ~JO ~r-Iq Item t~ \..01 Meeting Date 9~13/94 q 2D/~~ ~J / ITEM TITLE: a~NO ~!lrl~e ,:J.{,1)7 Amending Ordinance No. 2251, as R(~O\NG amended, to provide for a procedure for the . S(CONO reduction and/or deferral of the Transportation DIF for short term, Interim Facility Users. Resolution J 7~f.>" Amending Master Fee Schedule to permit reduction and/or deferral of Capital- Facilities Fees for Interim Facilities Users ,r' Public Hearing to consider the request of Bonita Country Day for a reduction and/or deferral of certain fees. c,);;( -Res ution I ,e..>~ pproving agreem~ with Boni a Cou ry Day School f r prora ion and defer al of the tra sportatio DIF a other speci 'ed fee. b) SUBMITTED BY: Director of Public Works REVIEWED BY: City "r1anager %~ (4/5ths Vote: Yes_No-Ll At the 9/6/94 Council meeting, Council directed staff to consider deferral of fees for the Bonita country Day School proposal at 625 Otay Lakes Road. The Bonita country Day School is a prospective lessee of a portion of a 4.14 acre parcel (Risen Savior Lutheran Church site) located along the east side of otay Lakes Road north of East H Street (see Exhibit A). The prospective lessee is requesting that all Department of Public Works' fees be deferred for the proposed, temporary, non-profit school. Deferral of Public Facilities DIF is not necessary as non-profit community purpose facilities are exempt under that ordinance. RECOMMENDATION: That council hold the public hearing and adopt the resolutions amending the Master Fee Schedule and approving the agreement with Bonita Country Day and adopt the Ordinance amending Ordinance 2251. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Backqround The project site is located on the same site as the Risen Savior Lutheran Church which previously built a church on the site. Bonita Country Day School ("Applicant) proposes to use a portion of the property for a period of 5 years and perhaps longer depending on the II~r ",.?' (, -\ Page 2, Item I!I' ~ Meeting Date~~/20/,~ Church and its plans for the site. The applicant proposes to move-on six buildings to be used as a temporary school. The applicant has requested a deferral of all Department of Public Works' fees on the basis that the proposed school is a non-profit organization similar to churches (see Exhibit B). Typically, churches' fees associated with mitigating traffic impacts have been deferred pending outcome on a Council policy for non-profit, community service institutions. The applicant has provided documents to indicate that they are a non-profit organization under state and federal regulations (see Exhibit B). Staff has issued permits for the "move-on" buildings pending the outcome of the fee waiver/reduction. The applicant has indicated that these issues need to be resolved in time for the applicant to meet the school starting date of September 19, less than one week from today. Transportation Development Impact Fees (TDIFI The city's TDIF is intended to finance public transportation facilities needed to accommodate increased traffic created by development within the city of Chula Vista. New development contributes to the cumulative burden on the transportation facilities in direct relationship to the amount of average daily traffic trips generated by the development. The TDIF fee currently stands at $3,060 per EDU (10 trips) and, for the school site, according to Sandag generation rates, there would be an additional 81 trips. Based on this, the fee payable at building permit issuance would be $~4,786. Sewer Capacitv. Sewer Administration and Traffic Sianal Fees (TSFI The Sewer Administration fee is $ 30.00 and is to cover the cost of permit processing. The TSF would be $1,053 (81 trips x $13/trip). The amount of fee being requested to be deferred for sewer capacity is not know at this time because the plans did not include the plumbing fixtures. The fee is based on the number of equivalent fixture units (which vary for each type of plumbing fixture) being proposed. Those units are converted to equivalent dwelling units (EDU), resulting in an amount equal to the number of EDU'S multiplied by $2,220.00. The applicant has indicated that the total EDU will be less than one, thus his fee will be $2,220. Due to the small amount staff is not recommending deferral of the sewer fee. Churches and other non-profit organizations have always paid their sewer fees up front. Basis For Deferral/ Waiver or Reduction The TDIF procedure for waiver or reduction in the fee is dictated by Ordinance 2251 which provides for Council to waive or reduce the fee if the fee is unconstitutional or unrelated to the mitigation of the traffic needs or burdens of the development. The sewer capacity,TSF and sewer administration fee waiver procedure is governed by the Master Fee Schedule. That procedure currently indicates that Council must find that a peculiar economic hardship or other injustice would result to the applicant which outweighs, when balanced /~." - _r-'" 6-2- Page 3, Item Meeting Date 5 f.o against, the need of the City for revenue and the need for a uniform method of recovering the same from those against whom it is imposed. The proposed revision to Ordinance 2251 addresses situations where the use is short term and interim. The revision provides for special considerations if the use is for 10 years or less or if there is economic hardship. Conditions may be applied requiring interest to be paid on the deferred amounts, and an agreement executed to secure the amount being deferred. In addition the use must provide a significant public benefit. Aqreement with Bonita Countrv Dav School The agreement before Council provides for the school to pay 50% of the TDIF or $12,393.00 over a 5 year period at 6% interest on a annual basis. The yearly payment will be $ 2,478.60. The remaining. 50% will be due and payable if the school exceeds the interim use period of 5 years or the Conditional Use Permit may be revoked. In addition, the agreement states that there will be loss of credit for the contribution towards the TDIF upon termination of the interim use. No other fees are proposed to be reduced or deferred under the agreement. The applicant will be able to transfer the principal amount of his payments on the TDIF if he relocates within one year if within the TDIF area subject to approval by the City and the owner of the property. . Public Hearinq Notice Under Ordinance 2547, which adopted the Master Fee Schedule, Council must conduct a publ ic hearing. The notice of the hearing is not required to be published. Notice is required to be given to the applicant and any other party or parties requesting notice. The applicant, Mr. Paul Catanzaro, and the Construction Federation Industry have been noticed. Conclusion staff concurs with the applicant that the temporary nature of his project at that location deserves special consideration. Staff recommends that the payment schedule be approved and that an agreement with the City to make payments be entered into. Staff further recommends that Council authorize the City Engineer to execute said agreement with the developer for the collection of the TDIF and allowing the transfer of these fees to a future site under certain circumstances. The fee deferral shall be contingent upon execution of the agreement and disclosure to the church of the transfer provision. FISCAL IMPACT: Approval of the resolution will provide for the collection of $2,478.60 in TDIF and collection of $1,053 in Traffic signal Fee, at least $2,220 in sewer capacity fees and the $ 30 sewer administration fee. Additional TDIF fees will be collected depending upon the length of the interim use up to the full TDIF. ~ G,-~ DDS/File No.: Attachments: A) B) Page 4, Item Meeting Date 5 HX-03l WPC F:\ho.e\engineer\agenda\1B08.94 C) Map of proposed development Letter from Developer requesting waiver/reduction and non-profit documents Proposed agreement ~ s. 'IE (t}, \4 a-c) , , , \ , , , \ , .-,), .-'- .- , , , t:...x H IBIT A ~ ~ N-r.':, Bonila Counlry Day School Teachtng students how to think. not u:har to think September 1. 1994 Donna Snider, Civil Engineer Public Works Department Assessment Districts 276 Fourth Avenue Chula Vista, Ca. 91910 Dear Ms. Snider, I would like to request that all fees your department charges be deferred under the same conditions as other non profit (501c3) organizations such as The Risen Savior Lutheran Church, The Corpus Christi Catholic Church, et al. It is my understanding that this can be accomplished on a staff level within the City Managers office as the City Council has already ruled on this procedure. I further understand that the City Attorney has seen to it that all organizations presently classified as bona fide 501c3 status must be considered for this deferral. If for any reason there is a City Council review of our situation necessary please submit this immediately so that it will be put on the September 12th agenda. Thank you for your immediate consideration and action on this issue as the school has a starting date of September 19, 1994 which adds real urgency to finding an immediate solution to this problem. I have attached copies of both our State and Federal non profit status for your file. cc Mayor Nader PObt Office !lox 1226. !lonita. CA 91908 · (619) 656-0141 E:xhlb\t B .A' (, - C.-b ------, 5T A TEMENT BY DOMESTIC NONPROFIT CORPORATION ~tatc of QIulifonllu ~~llrdl1fl111g jEll ~l'l"rdllrl.! .,1 jiotllll' PO II'I} 911.., j( SJr"lfl'\'I'I(, "/, l;j"i44 Ut'J(; pt)l)IH' :91t; I~.l: :)/'20 THIS STATEMENT MUST BE FILED WITH CALIFORNIA SECRETARY OF STATE (SECTIONS 6210,8210 9660 CORPORATIONS CODE) THE $5 FILING FEE MUST ACCOMPANY THIS STATEMENT. , 1 , ,. , ) C1565S62 FB DUE DATE 01-31-93 BONITA COUNTRl DAY SCHOOL 2400 FENTON STREET, SUITE 200 CHULA VISTA~ CA 91913 C2285N' 00 NOT AI. TER PREPRINTED NAME IF ITEM 1 IS BLANK, PI.EASE" ENTER COR~OR,6.'F. "'AME 00 NOT WRITE IN nus ':iF'A(;f PLEASl READ "STRUCTIONS ON BACK OF FOR". PLEASE TYPE OR USl BL.ACK INK WtaCH WOUlD BE fUlT ABLE FOR IIICROF..-.<i. THE CALIFORNIA CORPORATION NAMED HEREIN, MAKES lHE FOLLOWING STATEMENT " 2 STREET AOOAESS (.If ~RI,,"l'II'AI. OF~'lf 1111 NONe COMPI.E1 E 3.3111 S,,-,,1( OF! A()";~! J. 2400 Fenton street lOO NO' vIE 11',0 .Oll. NO.) . MAll.lNO ...OO"IIIS 'Suite 2001 , Chula Vista, California cn~ AND STAT' 91913 ll~ COOl .VITII 0" "OOM 3A l-jti- I 91913 2400 Fenton Street SUite 200 Chula Vista, California ,;,1 ~ Ar.c , I A! t ~;.,....t THE NAMES OF THE FOLLOWING OFFICERS ARE; i" 372 Camino Elevado ;' Bonita, Californiai 91902 BuSINESS OR RESIDENce ADDRESS IU,,", ,,"01 U'j( ;;, U U,",A.II (.:11' ANt: S!!'..!~___,_. _____,........,. '~.22~f; SA. .-----.--.'----':h .5' \372 Camino Elevado ' Bonita, California: 91902 I; BuSINESS OR RESIDINCI ALll;,IAISS 100 NOl USt P U ao^, I t:11'1 AND S1 ATE I ...... COOE eA. I e. ~ec-' \ Same as Above I EI'JS,""ES~ '.:,>1Ol R!S'l;,I!NCr ACol'. I1f "., ,~.'-' _.()1 U'if I> (.: 'I.... .. .' ~ 4. I ,Paul A. Catanzaro , ; I, I , Suzanne CHII' IXICuTIVE O"FICt" Catanzaro ! . IIC"l!lAlltY i :Paul A. Catanzaro (,.1" A...:...- ,';' 't CHllfF" FINANC,A. OFFICEIII 10.. "liIeH'l II .UIol....~..1. I' I;,.A..W<H!I"'" 'li1"",lfC"" "flU"I',""" PL....,. .....0 ,...... ., ..."t. e PN ...v....... ..n", 0" "011"" DESIGNATED AGENT FOR SERVICE OF PROCESS : 7 NAME _ 8 CAI..IFOANIA eTAl!:l!T -"OOIltES.'~ AGINT IS ...,.,.NOI.'UUAI.. 'DO NOT u.. ~C' flO'" UL' "'", '..'......lJr ~"'l."t"'" ..u...., '... ('~.u.....r.v.. Paul A. Catanzaro 2400 Fenton Street, Suite 200 ._- -.---------.-----'-- Chula Vista, CA 91913 .,----- ----.-------- LJW.9J..3.2 Jres.1dent/.CEO ..I?~\!l_"', CatanzilrQ ClATf: "T. f ,.pr ')J'/ .,",~.~ ......'..1 ~.: 0;;;'':'' '. .n ,'q ,I OrCI..AAE 1101A1 . HAvE IIIAMINED 11011'-; '51f1'fMt'N' ""Nl1 H) ',.r tif<;1 '.' .... "',..',...~fl'..F Id,H It', ,- !-: )(HIBlT ~ JfI /- (,,--' AM /0 100 Rlv g.1S1 ....-..,. .. INTERIW.. REVENUE SERVICE DISTRICT DIRECTOR 2 CUPANIA CIRCLE "ONTEREY PARK, CA 91754 IEftMTNENT OF TIlE TREMURY Date: OCT. ,21, 1991 EMployer Identification NUMber: 33-0405997 Case NUI'!ber: 931269061 Contact Perfoon: M"I.I'ITDARNA, CHITRI'I Contact Telephone NUMber: (?l3) 725-"'619 BONllA COUNTRY DAY SCHOOL 4190 BONITA ROAD SUITE 206 A BONITA, CA 91902 Accounting Period Ending: July 31 ForI'! 990 Required: YI!~ AddenduM Applies: No Dear Applicant: Bafied on inforMation foupplied, and assuMing your operations will be afo r.hh'l1 in your application for relo~ni1i"n of eleMption, wr havp d"t"r",in..d you are ele"'pt frOM rederal 1nco",e tal under .ection 301(a) of the Internal Revenup Cod.. as an org.nilation described in ,('ction 501(c)(3). We have further deter"'lned that you are not a private foundation within thp MPan;n9 of "pctinn 509(,,) of tI", Code, betau".. you .H.. an O'!I~", ..tion ller,c llbed in sections S09C a)( 1) and 1701b) (tj(A)( i i). If your sourcefo of support, or your purposes, character, or ",ethod of oppratlon changE', pleas.. h,t us know so wp can consider th.. eHI'ct of the change on your eleMpt status and foundation ,tatus. In the case of an .",end- Ment to your or~anitational doclII..nt or bylaws, plea~e ,..nd us d cOny of the aMended dOCUMent or bylawfo. Also, you should infor", us of .11 changes in your n.~.. or .ddr~~~. As of January I, 19B4, you .re liable for t.les under the Feder.l In,uranc.. Contrib..tion~ Ac t (soci,,1 security tares) on re",uneration of .100 or I'Iore you pay to each of your e",ployee, during a calend.r year. You .re not liablp for th.. tal i"'pofopd undrr the rederal Une"'ploy",ent lal Act (rUTA). Slnce you are not . priv.te foundation, you .re not subject to the elci.e tales un'ler Chapter 42 of the Code. However, you are not .utoMatically eleMPt fro", other reder.l elcise tales. If you have .ny questions about elcise, p"'ploy",rnt, or other federal tales, please let us know. Donor, ""y deduct contributions to you as provided in .ection 170 of the Code. Bequefot5, I"'gacles, devises, transfers, or gifts to you or for your use.> are deduct1ble for federal estate and gift tal purpOfoes if they "'eet the applicahle provisions of Code se.tion" 2055, 2106, and 2522. Contribution deductions are .llowable to donors their contributions dre gifts, with no consideration Ex. l-1I6\ '( .5 only to the eltent that rec..ived. Ticket pur- - J~~~ "".6 V Letter 947(CG) ~_ , / / -2- BONITA COUNTRY DAY SCHOOL ch.sps ond si~il.r p.y~.nts in conjunction with fundr.ilino Iv,nts ~'Y not n..c.......rily qu.lify ... dedllr.tLbl.. contnbution.., d..pP.nding on thp. circu~- ..t.nc..... s.... R..~..nu.. Ruling 67-246, publi..h..d in Cu~ul.ti~.. Bull..tin 1967-2, on pagp 104, which ....t.. forth guidp.lin~.. r..g.rding th.. deductibility, a. ch.r,- t.bl. contr,butions, of p.y~..nts ~.d. by t,"p.y.rs for .d~ission to or other particip.tion in fundr.ising activiti.., for ch.rity. In th.. he.ding of th,.. l..tt..r w.. h.ve indic.t..d wh..th..r you ~ust fil.. For~ 990, Return of Org.niration E..~pt Fro~ Inco~.. T... If Yrs is indic.ted, you .r.. r..qu,r..d to fil.. For~ 990 only if your gross r.c.ipts ..ch y..r .re nor~.lly ~or.. than '25,000. How"v"r, if you r..c.i~e . Fnr~ 990 p.ck.ge ,n th.. ~.,l, pl.....e f,le th.. r..turn ..ven ,f you do not ...ce..d the gross r..c..'pt.. test. If you .re not required to fil... hi"ply .ttach thp I.bel provided. chetk the bOI in the h...d,ng to ind.c.te th.t your .nnu.l gross rec.ipt.. .r. nor~.lly '25,000 or I....'. .nd s'gn thp. return. If . return i.. required. it "u..t b.. fil..d by the 15th d.y of th.. fifih "onth .ftpr thp pnd of your .nnu.l accountin9 p..riod. A p..n.lty of tl0 . d.y .s ch.rg..d wh..n . return is fil..d l.te. unless there ,s r..son.bl.. c.us. for thP. del.y. However. the "a'I"U" penalty charg..d c.nnot e.c..ed '5,000 or 5 per- c..nt of your gro.... r..c..ipts for the y...r. whiche~..r is 1..... This p..n.lty ",y .1..0 bp ch,"ged if. return i.. not co"plete. 1.0 ple,sl' be ,"ure your return i.. co~plete befor.. you f,l" ,t. , You .re not r..quir..d to fil.. Feder.l inco"e t.1 r..turns unless you .r.. ..ubject to th.. t.. on unr..lated businl'Col; inco"e under ....ction 511 of the Code. If you .r.. subject to th,.. t.., you "ust f,l.. .n ,nco"e t.1 return on For" 990-T. EIP~pt Org.n't.tlon Ru..in...... Inca".. T.. R..turn. In thi.. letter we are not d..ter~'n'ng wheth..r .ny of your pr....ent or propo....d .ct'~.ti.... .re unre- hted t,ad.. or bu..in..ss .,. d..fint'd in !.I'ction 513 of th.. Cod... You need .n ..~ployer id..ntific.tion nu"ber .ven if you h.~.. no e"ploy..e... If .n ""ployer ,d..ntific.tion nu"b.r ..... not l!ntered on. your .pplic.t,on, a nu~ber 10,11 b.. ....'gned to you .nd you ..i 11 be .dvi....d of it. Pl..... use th.t nu"ber all .11 r..turn!. you filp .nd in all correr.pondenc.. ..ith the Int"rnal Re~.nue S..r~ice. R..~enue Proc..dur.. 75-50. publish..d in Cu~ul.ti~e Bulletin 1975-2 on p.g.. 587. ....ts forth guideline.. and rpcClrdke..ping requi r""I'nts for det..r"ining ..hether priv.t.. schools ha~. r.ci.lly nondiscri~in.tory polic,.s .s to studltnts. Ynu "'1St co"ply ..Hh this rev.nue proc.dure to "dintain your t..-elenpt st.tus. If ..e h.~. indic.t..d in the h..ding of th" l.tt.r th.t an .dd.ndu~ .pplil!s, thp enclos..d .ddendu" IS .n int.gr.l p.rt of this letter. Recause this letter could help r.sol~e .ny questions .bout your ele~pt .t.tus and foundation ..t.tus. you hhould kepp it in your prr~anpnt rrrord~. If you h.~e .ny question... ple.s. cont.ct th.. \ t II Ek\-ltBI T B p.rson whos. n.~. ~J SJ..-r L"thr 947(CG) 6-q .nd / 'I . , ! -3- BONllA COUN1RY,DAY SCHOOL telephone nu~ber .re shown in the he.ding of this letter. Sincerely your~, . Hich.el J. Quinn District Director pI - Y.7 -, , letter '..7(C&) fe-tO ,\\O~ ~\0 .....\)0<( ., ~ ,If} J ",v r ORDINANCE NO. -< U V 7 c,\>I ~~\)\~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 1\\\) ~ CHULA VISTA AMENDING ORDINANCE NO. 2251, AS ~CO AMENDED, TO PROVIDE FOR A PROCEDURE FOR S REDUCTION AND/OR DEFERRAL OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FOR SHORT TERM, INTERIM FACILITY USERS. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: section 1. Section 5 of Ordinance No. 2251, as has been from time to time amended, is hereby further amended to read as follows: "section 5. Procedure for Fee Waiver or Reduction. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed by this ordinance is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the city Council for a waiverL-er reduction. or deferral of the fee. A development which is desianed and intended as a temporary use (10 years or less) and which is conducted in facilities which are. bY their nature. short term interim facilities such a portable or modular buildinas (includina mobile homes. trailers. etc.) may aualifY for a waiver. reduction or deferral. In addition. a deferral may be aranted on the basis of demon stated economic harship on the condition that (1) the use offers a sianificant public benefit: (2) the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a cash paYment: and (3) the amount deferred is adequately secured by aareement with the applicant. Unless the requirement for timelY filina is waived by the city. t~he application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice of the public hearing on the development permit application for the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. The City Council shall consider the application at a public hearina on same notice of which need not be published other than by description on the aaenda of the meetina at which the public hearina is held. Said public hearina should be held within sixty (10) days after its filing. The decision of the City Council shall be final. If a deferral. reduction or waiver is granted, it should be aranted pursuant to an aareement with the applicant. and the property owner. if different from the applicant. orovidina that any change in use within the project shall subject the development to payment of the full fee. The procedure provided by this section is additional to any other INFORMATION PACKET SCANNED AT FIRST READING OF THIS ORDINANCE ON: ~h./~/CJC;"Lj 6-/ procedure authorize by law for protesting or fee imposed by this ordinance." Presented by: ~l~.. 'if'n P. Li pt. \ rector of Public Wor~s \ \ "\ , '\~ '-- "-" v~"'. "J" Br~ce M. Boo~aard City Attorney ,....,.. \ \. . \ _J'/f..X G:.-'"'2. lenging the