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HomeMy WebLinkAbout2007/12/04 Item 15 CITY COUNCIL AGENDA STATEMENT ~.:::::. CITY OF ~<< ",<- CHULA VISfA December 4, 2007 Item~ SUBMITTED BY: RESOLUTION OF THE CITY OF CHULAVISTA CITY COUNCIL DENYING THE FEE WAIVER REQUEST OF CALVARY CHAPEL, SAN DIEGO OF OCTOBER 29, 2007, REGARDING DEVELOPMENT REVIEW DEPOSIT ACCOUNT #DQ1235 f PLANNING AND BUILDING DIRECTOR CITY MANAGER ASSISTANT CITY MANAGER <; r ITEM TITLE: REVIEWED BY: 4/5THS VOTE: YES NO X BACKGROUND On October 29, 2007, Associate Pastor Wes Anderson, on behalf of Calvary Chapel San Diego, submitted a request for the waiver of the balance of development review deposit account #DQI235. Such requests may be considered by the City Council per Municipal Code Section 3.45.010. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Staff recommends that the Council adopt the attached resolution denying the fee waiver request of Calvary Chapel. BOARDS/COMMISSION RECOMMENDATION None. 15-1 DECEMBER 4, 2007, Item ~ Page 2 00 DISCUSSION The City's fee schedule establishes a list of development project application types that are processed using deposit accounts. These accounts are initially funded by the project applicant, and as work is done on the application by staff and other expenditures are required, reimbursement to the City is drawn from the account. Staff regularly monitors the balance of these accounts, and if the project is of such complexity or duration that the level of staff effort and other expenses depletes the initial deposit, further funding is required of the applicant. Conditional Use Permits that are subject to hearing by the Planning Commission are included in the application types processed using deposit accounts. The deposit account #DQ1235 was established on July 18, 2005 with an initial deposit of $12,000 for the purpose of funding processing work on the Calvary Chapel High School, within Village 6 of Otay Ranch. In the course of processing this project, staff billings and other expenses resulted in a current net account deficit owed the City of $45,357.01. Calvary Chapel has since withdrawn the project associated with #DQ1235 and has submitted a new application being processed using a different account. In a letter of October 29, 2007, the applicant has referenced Municipal Code Section 3.45.010, and has requested a waiver of the current balance of#DQI235. In support of this request, the applicant has cited previous waivers of fees by the City for non-profit organizations, -due to the economic hardship which the fees represent to such organizations. [Attachement 1] Staff has investigated waivers considered in the past. The most recent such request made of the City Council was considered and denied in July 2005. The request was for a $4,000 waiver and regarded an amendment to the Conditional Use Permit for the Bonita Country Day School. The initial fees for the school had been waived in 1995. Under Section 3.45.010, the City Manager may waive fees for amounts under $2,500. There appears to have been eight instances in which the City Manager waived fees of $2,500 or less in the last five years. The records of these waivers do not reflect the fmdings upon which the Manager relied. Waivers by the City Manager notwithstanding, staff does not believe that the fmdings required by Section 3.45.010 can be made based on the Calvary Chapel request. The Section requires that the City Council find that the applicant has presented, "a peculiar economic hardship or other injustice would result to the applicant which outweighs, when balanced against the need of the City revenue and the need for a uniform method or recovering same from those against whom it is imposed." Staff believes that the rationale put forth by the applicant - their non-profit status - is neither peculiar nor a demonstration of hardship or injustice. 15-2 DECEMBER 4, 2007, Item~ Page 3 of3 Moreover, the waiving of development project fees transfers the costs of processing the Calvary Chapel application to the public at large, as represented by the General Fund. The requested waiver is a significant amount, which would not have been expended by the City but for the timing, location and nature of the project as submitted by the applicant. As a matter of policy, the citizens of Chula Vista should not be burdened by this expenditure, absent a compelling rationale. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMP ACT The waving of the current negative balance of #DQ1235 would reduce Planning and Building Department development processing fee revenues by $45,357.01. ATTACHMENTS 1. Letter requesting fee waiver, October 29, 2007 by Associate Paster Wes Anderson 2. Municipal Code Section 3.45.010 Prepared by: Jim Hare. Assistant Planning Director, Planning and Building Department 15-3 CAlVARY CHAPEL t!J;; SAN DIEGO OCT 2 9 ?nn7 OCT;, 9 l11W October 29, 2007 SENT VIA HAND DELIVERY Mr. David Garcia City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Non-profit development fees Dear Mr. Garcia: Calvary Chapel San Diego desires to build a new church facility in Otay Ranch, which is located on the remaining Community Purpose Facility (CPF) site in Village 5. Calvary Chapel is requesting a waiver of the outstanding development fees related to this project under Section 3.45.010 of the City Code. This section of the City Code allows the City Council to waive all or a portion of the City's master fee schedule for economic hardships. Historically, the City Council has found the processing fees to be an economic hardship to non-profit organizations. We are requesting that a waiver be granted of the outstanding development fees related to this project as we are a non-profit organization. Our Federal non-profit number is 33-0168318. Our Depbsit Account with the City is #001235. Any assistance you could provide is greatly appreciated. I ~. it cereff." I. . . ~j{l~ Wes Anderson Associate Pastor cc: Mr. Jim Sandoval, Director of Planning Mr. Scott Donaghe, Senior Planner Mr. Harold Phelps, Associate Planner I:\olay ronch\cnderson..gorcic letteUO 29 07.doc 1771 E. Palomar Street. Chula Vista, Ca 91913 . phone 619.421.1100' fax 619.591.2262 ccsd@calvarysd.com '1~.falvarysandiego.com Chapter 3.45 MASTER FEE SCHEDULE Sections: 3.45.010 Established - Purpose. 3.45.010 Established - Purpose. A. The City Council shall adopt, by resolution, a master fee schedule, indicating therein the fees for all services, administrative acts and other legally required fees, which resolution may be amended from time to time and shall be effective upon first reading and approval; provided, however, such resolutions may specify therein their applicability, if any, to applications currently in the process of review. B. A copy of the master fee schedule shall be maintained in the office of the City Clerk and in each department of the City. C. The fees set forth in the master fee schedule may be waived by the waiving authority, as defined in subsection (D) of this section, in accordance with the following procedures: 1. Any person requesting an abatement of a fee herein charged shall request said abatement in writing, addressed to the waiving authority, and shall set forth herein, with specificity, the reasons for requesting said abatement of all or any portion of the fees. 2. The waiving authority shall conduct a public hearing, notice of which is not required to be published. Notice of said public hearing shall be given to the applicant and to any party or parties requesting notice of same. 3. Prior to abating all or any portion of a fee established in the master fee schedule, the waiving authority shall find a peculiar economic hardship or other injustice would result to the applicant which outweighs, when balanced against, the need of the City revenue and the need for a uniform method of recovering same from those against whom it is imposed. D. "Waiving authority," as the term is used herein, shall mean the City Manager, or his designee, if the amount of such waiver is iess than or equal to the greater of (1) $2,500 or (2) 25 percent of the fee imposed by the master fee schedule. If the amount of the waiver is greater than the greater of $2,500 or 25 percent of the original fee imposed by the master fee schedule, the "waiving authority," as used herein, shall mean the City Council. E. If the waiving authority in a particular fee waiver matter is the City Manager, or his designee, the decision of the city manager, or his designee, may be appealed to the city council by any person, including, but not limited to, the members of the city council. If the waiving authority is not the city council, then the waiving authority shall provide notice of his decision to waive the fee set forth in the master fee schedule by distributing a copy of said notice of decision to each member of the city council and to the city clerk. Said notice of decision shall be deemed a public record. (Ord. 2506 ~ 1, 1992; Ord. 2375 ~ 1, 1990; Ord. 2373 ~ 1, 1990; Ord. 2066 ~ 1, 1984; Ord. 1818 ~ 1, 1978). 15-5 RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL DENYING THE FEE WAIVER REQUEST OF CAL VARY CHAPEL SAN DIEGO OF OCTOBER 29, 2007, REGARDING DEVELOPMENT REVIEW DEPOSIT ACCOUNT #DQ1235 WHEREAS, in a letter to the City Manager dated October 29,2007, Wes Anderson, Associate Pastor, on behalf of Calvary Chapel San Diego ("Applicant"), requested consideration of a waiver of balance of development processing fees due within the deposit account #DQI235, pursuant to Section 3.45.010 of the Municipal Code; and, WHEREAS, the balance of deposit account #DQ1235 currently stands at a deficit of $45,357.01; and, WHEREAS, Paragraph D of Section 3.45.010 of the Municipal Code provides that the City Council is the 'waiving authority' for the consideration of fee waiver requests in excess of the greater of$2,500 or 25 percent of the master fee schedule amount; and WHEREAS, Paragraph C.2. of Section 3.45.010 of the Municipal Code provides that a fee waiver be the subject of a public hearing with notice to be given to the applicant and to any party or parties requesting notice of same; and WHEREAS, in requesting the fee waiver, the Applicant has cited its non-profit status and that the City Council has historically found that processing fees pose an economic hardship to non-profit organizations; and WHEREAS, Paragraph C.3. of Section 3.45.010 of the Municipal Code sets forth that prior to abating all or any portion of a fee established in the master fee schedule, the waiving authority shall find a peculiar economic hardship or other injustice would result to the applicant which outweighs, when balanced against the need of the City revenue and the need for a uniform method of recovering same from those against whom it is imposed. This finding cannot be made, since the only justification provided by the Applicant is the historic practice of the City Council in waiving fees for non-profit applicants, a justification does not represent a peculiar economic hardship or injustice to the Applicant; and WHEREAS, the City Council last acted on such a development processing fee waiver request in 2005, denying a waiver request of $4,000, and has not recently considered or approved such a request, and to grant a waiver in this instance and in the amount requested would be inconsistent with the need of the City revenue and the need for a uniform method of recovering same; and WHEREAS, the requested waiver of$45,357.01 in development processing fees is a significant amount, which would not have been expended by the City but for the timing, location and nature of the project as submitted by the applicant, and the waiving of the project processing fees would be a burden to the City of Chula Vista General Fund; and, 15-6 Page 2 WHEREAS, The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no envirOnmental review is necessary; and WHEREAS, the City Clerk set the time and place for a hearing on the requested fee waiver and notice of said hearing, together with its purpose, was given to the Applicant and parties requesting notice of same by mail ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as noticed, namely December 4,2007 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby find that the Applicant has not presented a peculiar economic hardship or other injustice. This finding cannot be made, since the only justification provided by the Applicant is the historic practice of the City Council in waiving fees for non-profit applicants, a justification that does not represent a peculiar economic hardship or injustice to the Applicant BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does hereby find it would be inconsistent with the need of the City revenue and the need for a uniform method of recovering same against whom it is imposed to waive fees in the amount requested and in the absence of a compelling rationale. The requested waiver of $45,357.01 in development processing fees is a significant amount, and the waiving of the project processing fees would be a burden to the City of Chula Vista General Fund; and. BE IT FURTHER RESOLVED, that, based on the foregoing recitals and findings, the City Council of the City of Chula Vista hereby denies the fee waiver request of Calvary Chapel San Diego of October 29, 2007 regarding development review deposit account #DQI235. Submitted by Approved as to form by James D. Sandoval, Alep Planning and Building Director *,1~ 15-7 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of December, 2007, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Cheryl Cox, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA) ) ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of December, 2007. Executed this 5th day of December, 2007. Susan Bigelow, City Clerk 15-8 12/04/2007 TUE 12: 14 FAX 951 600 4996 Tyler & Associates 141002/002 Telephone: (951\ 304-7583 Facsimile: (951) 600-4996 December 4, 2007 VL'I FACSIMILE & U.S. M,\!L Mr. Michael J. Shirey Deputy City Attorney Office of the City Attorney 276 Fourth Avenue Chula Vista, CA 91910 Facsimile: (619) 409-5823 Re: Calvary Chapel San Diego Deposit Account: DQ1456 Dcar Mr. Shirey: Pursuant to the agreement reached between you and myself regarding my client, Calva1Y Chapel San Diego ("Calvary Chapel"), please proceed with removing from this afternoon's City Council agenda the following matter to be rescheduled at a later date: RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL DENYING THE FEE WAIVER REQUEST OF CALVARY CHAPEL SAN DIEGO OF OCrOBER 29, 2007, REGARDING DEVELOPMENT REVIEW DEPOSIT ACCOUNT #DQ1235 Please confirm ill wlitil(g that the item has been removed from this afternoon's City Counsel agenda. Should you have any questions, please do not hesitate to contact the undersigned. Kind regards, ,$;/ JLM:lkj cc: Calvary Chapel San Diego 24910 LAS BRISAS ROAD, SUITE 110, MURRIETA, CA 92562 PHONE (951) 304-7583 t FAX (951) 600-4996 WWW.FAITH-FREEDOM.COM